beta
(영문) 춘천지방법원 강릉지원 2012.12.28 2012고정493

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of B-learning car volume.

On August 18, 2012, the Defendant was driving the said car at a speed of 30 to 40km from the cump of gas station in the East Sea, while it is difficult to drive the said car normally due to the influence of alcohol content equivalent to 0.175% of alcohol in blood around 02:25 on August 18, 2012, and the Defendant was driving the said car at a speed of 30 to 40km from the cump of gas station in the East Sea.

At the same time, the driver is engaged in driving service, and there was a duty of care to prevent accidents by reducing speed and thoroughly manipulating the brakes and steering gear.

Nevertheless, the Defendant neglected this and neglected to operate the steering gear under the influence of drinking, and failed to accurately operate the steering gear, and was able to enter the intersection by the victim D (the age of 68). The Defendant was able to be sleeped in front of the chief class of the vehicle of the Defendant.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as finite finites, which requires treatment for about two weeks.

B. The defendant violates the Road Traffic Act (driving) around that time.

As in the same paragraph, the above vehicle was driven under the influence of alcohol and operated approximately 200 meters from the Do before the Do of the Yecheon-dong in the East Sea to the front road of the same Yecheon-ro in the East Sea.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes, including reports on the occurrence of traffic accidents, reports on the state of his/her driver, and medical statements;

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. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;