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(영문) 춘천지방법원 2013.08.12 2013고정277

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 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Crens II car.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the Defendant on January 26, 2013 at around 22:50, while under the influence of alcohol concentration of 0.129%, the Defendant driven the said car and got to turn to the left the left at the seat of the three complex of Pyeong-dong Jeju-dong Jeju Special Self-Governing Province, in front of the Chuncheon City, Bupyeong-gu, Pyeong-dong, Seo

At the time, since the passage of other vehicles is frequent, the driver of the vehicle has a duty of care to check the safety of the course and turn to the left by checking well the right and the right of the vehicle.

Nevertheless, the defendant neglected to turn to the left while under the influence of alcohol and obstructed the progress of ENY125 Oba, which the victim D(the age of 39) driven by the 39 years of age, was driven from the view of the security shooting distance room. In order to avoid a conflict with the car driven by the defendant, the defendant was forced to move to the left.

After all, the Defendant, while under the influence of alcohol, was unable to drive normally, such as influorous and walking, caused the injury of the victim, such as salt, tension, etc. by driving the said car, resulting in a traffic accident requiring medical treatment for about two weeks.

2. Violation of the Road Traffic Act (driving) provided that the Defendant driven the said car under the influence of alcohol by 0.129% in a 5-meter radius from the bus stops located in the fourth complex, scopafab and the bus stops adjacent to the bus stops located in the Bupyeong-gu, Chuncheon-si, in the same manner as described in paragraph (1) to the front day of Pyeongtaek-3 Dong residents' self-governing center in the same Dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Making a report on the control of drinking driving;

1. A report on whether to drive any dangerous motor vehicle;

1. The actual condition survey report;

1. The application of the law of the medical certificate.