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(영문) 전주지방법원 2013.07.17 2013고단1274

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 24, 2013, the Defendant is a person who is engaged in driving a rocketing car. On March 24, 2013, at around 06:15, the blood alcohol concentration was 0.14% and it is difficult to drive the said vehicle normally due to the influence of drinking, and, at the same time, the Defendant driven the said vehicle in the condition that it is difficult to drive the vehicle normally due to the influence of drinking alcohol, the Defendant driven the said vehicle on the two-lanes of the two-lane roads along the intersection of the light inside the front city in the front city.

Since there is an intersection where a signal, etc. is installed, the defendant engaged in the driver's duty of care to check whether there is a vehicle crossing by reducing speed and checking the right and the right and the right of the vehicle, and to drive safely according to the new code.

Nevertheless, the Defendant neglected this and committed the negligence of neglecting the stop signal in a situation where normal driving is difficult due to the influence of drinking, and committed the negligence, as it is, the Defendant continued to receive the front part of the victim D(60) driving directly in accordance with the normal signal from the ice stadium room to the front part of the Defendant’s vehicle, and continued to receive the part on the left side of the victim E(36 years old) driving.

After all, the Defendant suffered from the above occupational negligence that caused injury to the victim D, such as revolving revolving sprinks, which requires approximately six weeks of medical treatment, and that the victim E suffered injury, such as light and sprinke, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Written statements of D;

1. A traffic accident actual condition survey report, accident scene, and photographs of each vehicle;

1. A report on the detection of a driver of the driving school and a report on risk driving;

1. A photograph of a closure;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the Road Traffic Act concerning the crime as provided in the corresponding Act.