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(영문) 청주지방법원 2013.07.25 2013고정525

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

At around 14:50 on April 30, 2013, the Defendant, who is engaged in the driving of Lone Star Co., Ltd., was under the influence of drinking, and the Defendant was under the influence of drinking, such as 0.29% of the blood alcohol concentration, 0.29% of the face, fluencing and walking in a red state, making it difficult to drive the Defendant normally. The Defendant was under the influence of drinking.

Since the place is an intersection with a vehicle parked in the signal line, there was a duty of care to see the front side and operate the steering and steering system accurately for the person engaged in the driver's duty of care.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent by occupational negligence in which he was unable to operate the brake system accurately and thereby was driven by the victim C(38 years of age) who stops in the signal atmosphere at the intersection where he was driven by the victim C(38 years of age) and then was driven by the Defendant.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as dump and tension which require medical treatment for about a week.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared in C;

1. Application of the Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual condition investigation reports, circumstantial statements of a drinking driver, report on detection of a drinking driver, medical certificate, and photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and selection 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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;