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(영문) 청주지방법원 2013.03.14 2013고정106

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives B cargo vehicles.

1. Around 17:40 on December 14, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the above cargo vehicle in a state where it is difficult for the Defendant to drive the vehicle normally from the Cheongcheon-ri side because of the influence of drinking on the Cheongcheon-do, Cheongcheon-do, Cheongcheon-do, Cheongcheon-do.

Since there was a road that is not divided into a sidewalk and a roadway, there was a duty of care to prevent accidents in advance by checking the front side and the right and the right of the driver of the vehicle, checking the pedestrian, and safely driving the vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim C(60 years of age) at the right edge of the road and did not discover the victim C(60 years of age) and caused the victim to go beyond the floor due to the fault behind the right edge of the said cargo.

As a result, the defendant suffered from an injury to a victim on the part of an external trauma streke in which there is no head open room in need of treatment for about four weeks.

2. Around 19:50 on December 14, 2012, the Defendant driven the above cargo while under the influence of 0.102% of the blood alcohol concentration at the same place as indicated in the foregoing paragraph 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. A written statement;

1. A medical certificate;

1. Application of statutes on site photographs;

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

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.