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(영문) 전주지방법원 2013.11.06 2013고단2067

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a ecoo vehicle in C.

On August 13, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.181% 0.181%, while under the influence of alcohol around 00:30 on August 13, 2013, and continued to drive the said car at an insular speed one lane from the direction of the 3rd public corporation to the intersection of the 2nd line in order to ensure that the twond line road was driven by the science of the Hongjin-gu in the Jeonjin-gu.

At the time, the road is be be bended by night, and in such cases, the driver of the vehicle has a duty of care to prevent accidents in advance by accurately operating the steering gear and brakes and maintaining the safety distance.

Nevertheless, the Defendant neglected to do so and did not properly give the front door while driving as above, and found the Efranion vehicle driven by the victim D(57 years old) who is driving ahead of it without properly operating the steering and steering devices, late later, and received the part concerning the back part of the victim's vehicle as the front part of the Defendant's vehicle.

Ultimately, the Defendant driven in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., in need of medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and on-site photographs;

1. A report on detection of the driver, a report on the circumstances of the driver, and a report on whether he/she will drive any danger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

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

1. Discretionary mitigation;