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(영문) 의정부지방법원 고양지원 2015.08.13 2015고정630
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving EXF motor vehicles;

On December 14, 2014, at least 0.1% of blood alcohol level, the Defendant driven the said car while under the influence of alcohol at least 0.1%, and proceeded ahead of the high-sea high school 6-26 Mangnsan-ro 695, Mangnsan-gu, Busan Metropolitan City to the direction of dialogue.

At the time, the Defendant, prior to the same direction, was followed by a D-car driven by the victim C, and therefore, the Defendant was obliged to take a duty of care to prevent accidents by properly operating the steering and steering gear in a clear mental state without drinking, and by accurately manipulating the steering and steering gear in a clear manner.

Nevertheless, the Defendant, under the influence of alcohol, was negligent in driving while normal driving is difficult, and the lower part of the said D Motor Vehicle was shocked.

As a result, the Defendant suffered from the injury of c (34 years of age, 2 weeks of treatment period), the victim E (at 31 years of age, 2 weeks of treatment period), and the victim F (at 2 years of age, 2 years of age, and 1 week of treatment period), respectively, due to the above occupational negligence.

2. Around 13:25 on December 14, 2014, the Defendant driven the said vehicle while under the influence of alcohol exceeding 0.1% of blood alcohol level from the section of about 2km up to the 695-26 km-ro in front of the 13rd Jin-dong village in Yongsan-gu, Yongsan-gu, Busan Metropolitan City until the 13rd-ro village in Goyang-do is located in front of the said 2km-ro.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of each drinking driver and a circumstantial report on the drinking driver;

1. An appraisal report and each medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime (the point of causing bodily injury and fine) and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act.

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