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(영문) 춘천지방법원 원주지원 2016.03.29 2016고정27

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of B car driving.

1. On November 28, 2015, the Defendant was under the influence of alcohol by around 23:50, the Defendant driven a 300-meter crossing of viewing distance in 102, from the day before the original drinking house to the intersection of viewing distance in 102, from the day after the original drinking house, while under the influence of alcohol by 0.157 percent.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) led the Defendant to drive the same vehicle in a state where normal driving is difficult due to the influence of drinking as above at the same time in the preceding paragraph, and to drive the intersection of the viewing distance in the front city, which is located in the front city, along one lane at a speed not confirmed from the front city prison room at the same time.

The location is different from the private distance intersection where traffic has been controlled by signal, etc., and the victim C(61 e.g., South) of the victim C(61 e.g.) of the DK5 car was under direct control from the left side of the vehicle under normal signals to the right side.

Nevertheless, the Defendant violated and proceeds from drinking alcohol signals, and the part of the front part of the Defendant’s driving vehicle, which received even the right door of the victim’s driving vehicle.

After all, the defendant suffered injury, such as catheral and catal fat, which requires approximately two weeks of treatment to the victim C due to the foregoing accident.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol, report on whether to drive any danger, and inquiry about the results of regulating drinking;

1. A report on the occurrence of a traffic accident, drug map at the scene of the accident, a fact-finding survey report, and an accident scene photograph;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), and each of the fines shall be selected.