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(영문) 춘천지방법원 원주지원 2014.06.18 2014고단434

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

1. Around 00:10 on April 27, 2014, the Defendant driven a CEX car under the influence of alcohol content of about 0.179% at a section of about 200 meters from the day front of the main line to the front day of the main line at the original city level, from a day before the main line at the original city level to the front day of the main line at the original city level.

2. The Defendant is a person engaged in driving a EXE car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DEX).

At around 00:10 on April 27, 2014, the Defendant, as seen above, was drunk in a state of difficulty in normal driving due to influence of drinking, such as drinking, such as a snicking, faceing, and a small radius of vision, but driving of the said vehicle and driving the said vehicle to the direction of the housing site distance on the side of the agricultural cooperative at the beginning of the original city.

In this case, there was a duty of care to prevent accidents by thoroughly operating a driver of a motor vehicle and accurately manipulating the steering direction and operation devices.

Nevertheless, the defendant neglected to do so and mispercing that the victim D (A. 30 years of age) was driven by EWz E200 that was driven by the victim D (A. 30 years of age) and was under the influence of the defendant's vehicle, and caused the victim's back part of the passenger vehicle by the defendant's vehicle.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim D’s base and tensions that require approximately two weeks of medical treatment, and the victim F (30 years of age) who is the passenger of the damaged vehicle, suffered from the injury to the victim, such as salt ties, tensions, and so on.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the Road Traffic Act as to the crime under the corresponding provision of the Act.