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(영문) 의정부지방법원 2014.01.23 2013고정2879

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

1. The defendant is a person who is engaged in driving a freight vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On August 25, 2013, at around 21:25, the Defendant driven the above cargo while under the influence of alcohol of 0.122% with a blood alcohol concentration of 0.12%, and proceeded at the speed of 60km per hour from the south-do 471-8 ahead of the East-do Mari-si to the south-do 471-8 side of the East-do Do in Seoul.

At the time, at night and at the front of the defendant's moving direction, the D SP car driven by C is being driven by the driver, so in such a case, there was a duty of care to safely drive the vehicle without harming the driver's vehicle by putting the front door well and properly manipulating the operation and steering gear.

Nevertheless, the Defendant neglected this and sustained injury to the victim E, who was on the move-in of the vehicle C due to the fact that it was difficult for the Defendant to drive the vehicle at normal time due to influence of drinking, received the vehicle behind the vehicle C as the cargo front-hander of the Defendant, and was boarding the vehicle C, for about two weeks of medical treatment.

2. On August 25, 2013, the Defendant: (a) driven B Poter cargo vehicles under the influence of alcohol by 0.122% in blood alcohol concentration from the roads of solar distribution in the Southern-si, Namyang-si to the roads of 471-8, Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

1. A medical certificate;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes on accident vehicles and accident site photographs;

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

1. Aggravation for concurrent crimes;