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(영문) 의정부지방법원 2013.08.08 2013고정1020

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On December 15, 2012, at around 18:15, the Defendant driven the said car under the influence of alcohol content of 0.199% without a driver’s license for a motor vehicle, and led to the driving of the said motor vehicle under the influence of alcohol content of 0.19% on both weeks into the government-proof plane from the dubcheon-do.

At this point, it is a private-distance intersection that is controlled by signal apparatus, so in such a case, a person engaged in driving of a motor vehicle has a duty of care not to drive a motor vehicle while driving the motor vehicle safely along his/her own lane according to the transmission signal on the frontway, but in a situation where it is impossible to operate the normal steering and brake system due to the influence of drinking.

Nevertheless, the Defendant neglected this and driven by the opposite lane while driving in the opposite lane due to the negligence of the center line in which normal driving is difficult under the influence of alcohol as above, and the part of the victim D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's D's driving vehicle, which was in the atmosphere of the Defendant’s driving, followed the above L's driving vehicle and followed it, and then caused the victim E's E's E's E's NFM or other vehicles in the signal atmosphere

As a result, the Defendant caused the injury to the victim C, such as chest spelke in need of treatment for about four weeks due to such occupational negligence, and the injury to the victim E, such as cerebral spel in need of treatment for about two weeks, and the injury to the victim G who was accompanied by the said NFMM car, such as catum spelin in need of treatment for about one day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C Postal records prepared;

1. Eight copies of a report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a field map of a traffic accident, and an on-site photograph

1. A report on detection of the driver, a circumstantial report on the driver, and whether the driver is in danger; and