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(영문) 전주지방법원 2016.05.24 2016고정151
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant is a person driving a B SP car.

On October 27, 2015, the Defendant driven the said car under the influence of alcohol content of 0.159% from blood transfusions on October 27, 2015, while making it difficult to drive it normally, and driven the said car at a speed of about 50km from the boundary of the gas station at Hanjin-gu, Seojin-gu, Seoul at Jeondong-gu.

Since the place has a center line of yellow domin line, in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to safely operate the motor vehicle along the vehicle line and prevent the accident in advance.

Nevertheless, the Defendant neglected to drive the vehicle and went to the opposite opposite to the traffic of the center line by negligence and by negligence beyond the center line, and did not discover the flus vehicle driven by the victim E (W, 49 years old). Therefore, the front part of the flus vehicle was collisioned with the front part of the car in the flus zone.

Defendant 2 suffered injury, such as salt dynasium, which requires approximately two weeks of medical treatment, from the victim due to such occupational negligence.

2. On October 27, 2015, at around 00:39, the Defendant driven a motor vehicle under the influence of alcohol content of approximately 0.159% in a section of about 100 meters from the Do adjacent to the Kanjin-gu, Seojin-gu, Seoul Special Metropolitan City, 162 Han-ro, the same day to the place of the accident at around 00:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each E statement;

1. A traffic accident report, a survey report on the scene of an accident, a photograph of the accident vehicle, and a report on the occurrence of a traffic accident;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and a report on whether he is dangerous;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. The provisions of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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