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(영문) 춘천지방법원 원주지원 2013.09.10 2013고단438

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 02:30 on June 15, 2013, the Defendant driven a BM5 car under the influence of alcohol content of 0.139% from the front side of the origin of the city at the original city at the original city level to the front side of the original city at the original city level, and from approximately 150 meters to the front side of the road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving BM5 motor vehicles;

The Defendant, as above, was under the influence of alcohol, while driving the said vehicle in such a state that it is difficult to drive normally due to influence of drinking, such as moving red light, walking, walking, etc., but see the said vehicle at the beginning of the original city and driving the front of the road toward the site at the stage from the felo site.

At the time of the two-lanes, the victim C(n, 37 years of age) was in the cross-road crossing, so the driver had a duty of care to prevent the accident from occurring in the field of duty thoroughly.

Nevertheless, the Defendant, while under the influence of alcohol, did not discover the victim and proceeded with the victim's left right part of the Defendant's car by negligence, which led to the shock of the victim's right part.

As a result, the Defendant suffered injury, such as the trend of light and fluoral salt, which requires approximately two weeks of medical treatment, due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as a circumstantial statement of a host driver, a report on risk driving, and a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Selection of a fine for each type of punishment (including initial crimes, reflectiveness, agreement, etc.);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be aggregated;