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(영문) 의정부지방법원 2013.07.11 2013고정1313

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

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is engaged in driving a motor vehicle with B AWWn-

At around 02:50 on November 18, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 0.188%, and proceeded at a speed of about 60km per hour, depending on one lane, toward the shooting distance on the front side of the chip terminal in East-gu, East-do.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has the duty of care to prevent accidents in advance, such as making a good report on the situation of anti-traffic, and accurately operating the steering gear.

Nevertheless, the Defendant neglected to commit this and conflict with the part of the driver's seat in front of the driver's seat of the Defendant's vehicle with the part of the driver's seat in front of the Defendant's vehicle.

As a result, the defendant suffered from occupational negligence the injury of the above victim, such as finites, finites, tensions, etc., which require approximately three weeks of medical treatment, and suffered from the injury of finites E, which requires approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in the preceding paragraph, the Defendant driven a vehicle of approximately 200 meters of blood alcohol concentration at approximately 0.188% in the core of the same mobile shop in front of the same mobile bus store in the direction of the former terminal located at the same time and at the same time as that mentioned in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. The actual condition survey report;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) as to the crime under the corresponding provision of the Act, and Article 148-2 (2) 2 of the Road Traffic Act.