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(영문) 전주지방법원 2015.06.30 2015고정399

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, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a motor vehicle B spectrum.

피고인은 2015. 1. 21. 23:50경 혈중알코올농도 0.188%의 술에 취하여 정상적인 운전이 곤란한 상태에서 위 승용차를 운전하여 전주시 완산구 콩쥐팥쥐로에 있는 만절삼거리를 혁신도시 쪽에서 전주대학교 쪽으로 좌회전하게 되었다.

Since there is an intersection where traffic control is performed, and there is a center line of yellow-line, there was a duty of care to operate safely without breaking the center line as a driver.

Nevertheless, in violation of this, the Defendant, by negligence going through the bypassing the bypass route beyond the center line, led the victim C ( South and 31 years old) who was trying to turn the bypass to the innovation city from the edge of the Medung University, to the innovation city, to the front part of the driver's vehicle.

As a result, the Defendant suffered injury to brain-dead, etc. for which the number of days of treatment cannot be known to the victim due to occupational negligence as above, and injury to the victim E (V, 64 years of age) such as brain-dead, etc. requiring medical treatment for about two weeks.

2. 도로교통법위반(음주운전) 피고인은 위 1.항과 같은 일시경 전주시 완산구 고사평5길 14-6 춘포집 앞길부터 전주시 완산구 콩쥐팥쥐로 만절삼거리에 이르기까지 약 7.7km를 혈중알코올농도 0.188%의 술에 취한 상태로 B 스펙트라 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, a appearance, uniforms, language, the result of attitudes, and a report on whether to drive any motor vehicle in danger;

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

1. Relevant provisions concerning facts constituting an offense;