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(영문) 청주지방법원 2015.06.25 2014고단1807

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is engaged in driving a car in CKB(K5).

On September 4, 2014, the Defendant driven the said car under the influence of alcohol of 0.108% with blood alcohol concentration 0.20%, and proceeded along the intersection in front of the “E” located in the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, Ho-si with one-lane from the surface of the terminal company distance to the surface of the dead forest death distance. The Defendant turned in the opposite lane.

At this point, the left turn or U-turn was an intersection where the median line is installed, so the person engaged in the driving of motor vehicles had a duty of care to make a U-turn at the permitted point of U-turns without the above intersection.

Nevertheless, the Defendant neglected this and received the part adjacent to the left-hand side of the Defendant’s driving of the Victim F (30 years old) drive GMWHP4 OP4, which was going straight from the upper-hand side of the victim F (30 years old) due to the negligence of the middle line of the above intersection, as it was.

As a result, the Defendant driven the said car in a situation where it is difficult to drive the car normally due to influence of drinking, such as smelling in red and smelling out, etc., and suffered injury to the victim, such as cutting down a satisfing the right dog, which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Report on the occurrence of a traffic accident, report on actual condition, report on actual condition, report on actual status of the driver, and report on actual status of the driver;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 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), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and selection of fines for each crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment against death or injury resulting from