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(영문) 춘천지방법원 원주지원 2015.11.10 2015고단848

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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Defendant shall be punished by a fine of KRW 5,000,000. If the Defendant fails to pay the said fine, 100.

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 engaged in driving a B franchise XG car;

On March 4, 2015, at around 07:10, the Defendant driven the above vehicle under the influence of alcohol of 0.192%, and proceeded at a speed that would not be known from the surface of the original state medical center to the surface of the south market, depending on the two lanes between the two lanes in the original state of the road.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and safely drive a motor vehicle by checking well the right and the right of the motor vehicle, and not drive a motor vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol and received utility poles installed on the right side of the vehicle driving direction of the Defendant by driving the vehicle in front of the vehicle driven by the Defendant.

In the end, the Defendant suffered from the injury of the victim E (the 35 years of age) who is the same passenger as the Defendant’s vehicle by negligence while driving a motor vehicle in a situation where normal driving of the motor vehicle is difficult due to drinking alcohol for six weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a fluor XG car under the influence of alcohol at approximately 0.192% in the section of about 1 km from the front road to the front road located in the same city C from the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the E statement;

1. A report on the occurrence of a traffic accident and the report on each traffic accident;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of the motor vehicle under consideration, report on the status of the motor vehicle under consideration;

1. Requests for appraisal;

1. Inquiry into the enemy;

1. A medical certificate;

1. A report on investigation (12 reporters and witnesses' search and investigation);

1. Application of Acts and subordinate statutes governing field CCTV images;

1. Criminal facts;