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(영문) 춘천지방법원 원주지원 2014.05.21 2014고단245

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 16:00 on March 14, 2014, the Defendant driven B string vehicles while under the influence of alcohol concentration of about 0.127% from the 2km section of approximately 2km to the road front of the 420-ro 420 local road, from the front of the “distribution chickens” road located in the Gangwon-do Crossing-gun Acheon-gun, Gangwon-do.

2. The Defendant is a person who is engaged in driving of a leisure vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving).

On March 14, 2014, the Defendant driven the said vehicle while under the influence of 0.127% of alcohol concentration at 0.16:00, while driving the said vehicle, and driving the said vehicle at a two-lane local road from the side of the Hancheon High School to its subordinate agency from the Hancheon High School, the Defendant suffered injury, such as the right side, 4, 5, and 6 hours of treatment for the victim C (52 years of age) who was under the influence of alcohol due to a difficult driving due to the influence of alcohol, by driving the said vehicle at the front part of the Defendant’s vehicle, and driving the said vehicle at the opposite lane due to the occupational negligence of the victim C (52 years of age) who was under the influence of driving the yellow cell line at the right side, 3,4, 5, and 6 hours of treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of each traffic accident;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Application of the traffic accident reporting Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (the punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) against C with heavy criminal situation).