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(영문) 전주지방법원 군산지원 2013.10.14 2013고정430

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

Punishment of the crime

1. 피고인은 B K3 승용차 운전자인데, 2013. 4. 28. 00:25경 혈중알코올농도 0.175%의 술에 취한 상태로 정상적인 운전이 곤란한 상태에서 위 차량을 운전하고 익산시 영등동에 있는 홍대입구 방면에서 이랴꿀꿀 방향으로 편도 1차로를 주행하게 되었다.

At the time, there is a pedestrian who walks on the left side of the moving direction, so in such a case, a person engaged in driving service has a duty of care to safely drive by checking the front side and the left side well.

Nevertheless, the Defendant neglected to do so and neglected it, and neglected to walk the road at the front of the road due to negligence, and caused the victim C's right edge, etc. coming from the front of the road to the rear wheels on the left side of the vehicle.

As above, the Defendant, as a result of the negligence of driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, caused the victim C to suffer from the injury of the right-hand salkite which requires treatment for about a week.

2. The Defendant driven approximately 10 meters from the front day of the equipment girs restaurant at Yansan-si, the equipment gire-dong to the front day of the Gansan-si, the equipment gire-dong, to the front day of the Blue-si, Yan-si, the alcohol level of which is 0.175% under the influence of alcohol at the time and place

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the actual condition survey report, photographs, report on detection of a host driver, and medical certificate;

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, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;