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(영문) 춘천지방법원 2012.05.31 2012고정217

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

The defendant is a person who is engaged in driving a Cio car.

1. On November 18, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a motor vehicle with a blood alcohol concentration of 0.237% around November 19, 201, and led the Defendant to straight down the roads in front of the Jincheon-si, Cheongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, in the Home Plus room.

Since the place is where the center line of yellow solid lines is installed, a person engaged in driving of a motor vehicle has a duty of care to fully see the front side and to pass the right side of the center line.

Nevertheless, under the influence of alcohol, the defendant was negligent in driving the center line with the driver's negligence, and was driven by the victim D(35 years old) who was driving in the opposite lane, in front of the motor vehicle driving by the defendant.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the above victim, such as brain, requiring medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act: (a) from the home flus in the said paragraph (1) at the time from the home flusium in Chuncheon-si, a temporary border, to the new west-si, the place where the said accident occurred, the vehicle was driven under the influence of alcohol of approximately 500 meters in the direction of approximately 0.237 percent of alcohol content in blood.

Summary of Evidence

1. Defendant's legal statement;

1. Statement;

1. Response to requests for appraisal, application of Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, etc. and Articles 148-2 subparagraph 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201);

1. Aggravation for concurrent crimes;