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(영문) 전주지방법원 2013.07.03 2013고정250

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 2.5 million won.

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

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 who is engaged in driving of BAWW-W-W-W-W-W-W-on vehicle, and the Defendant, around November 19, 2012, 19:20, 00 alcohol concentration 0.11% of alcohol level, 0.1% of alcohol level, gnishing, gnishing, face is red, and gnishing, while driving the said vehicle while driving the said vehicle in a state of hurging heavy snow, led to the two-lane distance in front of the Han wall-W-gu, U.S., U.S. in the direction of Libern, along the two-lane road in the direction of south.

Since there is a central line, in such a case, a person engaged in driving service has a duty of care to prevent traffic accidents in advance by operating the vehicle with the driver's license by taking into account the right and the right and the right and the right and the right.

Nevertheless, under the influence of alcohol, the part on the left-hand part of the car of the victim C(I, 44 years old) driving in the direction of Libera while driving in the direction of Libera in the direction of south-do, with negligent negligence over the center line, was driven by the part on the upper-hand part of the car of the defendant driving.

The Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, was negligent in neglecting the duty of care as a driver of a motor vehicle, resulting in the injury of the victim, such as salt, tension, etc. of a trend requiring approximately two weeks medical treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.11% at a temporary border such as paragraph (1) of this Article, at the front of the Korean wall intersection located in the front of the East Western-dong, Chungcheongnam-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) at the same time, up to about 3 km section B, at the front of the Korean wall intersection distance in the same Gu and Seo

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual survey report and on-site photographs;

1. A report on detection of the driver, a report on the circumstances of the driver, and whether the driver is in danger; and