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(영문) 춘천지방법원 강릉지원 2014.05.23 2014고정182

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a driver of a passenger car in the SPP area B.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said vehicle at a speed that would not be known to the private distance of the Red Cross from the edge of the Gangnam Elementary School, while driving the said vehicle at a speed that is difficult to drive normally due to a difficult driving due to the influence of alcohol on March 11, 2014.

At that time, there is a place where the center line of yellow solid lines is installed, so a person engaged in driving service has a duty of care to safely proceed without harming the center line.

Nevertheless, the part of the front part of the DNA car driven by the victim C(38 years of age, n) who was under way in the opposite part of the Madul vehicle due to the negligent negligence of the central line was driven by the Defendant.

After all, the Defendant suffered from the injury of the Defendant, by its occupational negligence, at around two weeks to the victim E (the 16-year-old, female) who was a passenger of the said victim C and the said rocketing car.

2. A violation of the Road Traffic Act (driving) driving of a vehicle owned by the Defendant under the influence of alcohol by 0.124% (as a result of measurement) of blood alcohol concentration at a temporary border such as the above 1.1., the Defendant driven a 500-meter distance from the road, which is 75 meters prior to the same city-dong name, in front of the jun-dong Hongdong-si Hongdong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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