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(영문) 춘천지방법원 2020.11.12 2020고단894

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving a B-learning passenger

On July 13, 2020, the Defendant driven the said car with the blood alcohol concentration of 0.207% 0.207% on July 13, 2020, and led to the two-lane road in front of the “D” located in Gangwon-si, Gangwon-si, Gangwon-do, along the two-lane distance from the long distance of school and the one-lane distance of appraisal.

At the time, there is a duty of care to safely drive a motor vehicle, such as night, and a road where a white line is installed. Therefore, the driver has a duty of care to safely drive the motor vehicle by operating a direction, etc. in advance, and not impeding the proceeding of the latter vehicle.

Nevertheless, the Defendant neglected this and attempted to change the two lanes as they were, but the Defendant was able to drive the victim E (the age of 27) driving with two lanes at the right side of the car, thereby taking the front side of the car into front side of the Defendant’s driving.

Ultimately, the Defendant, while driving the said car in a state where it is difficult to drive the car normally due to influence of drinking, such as incomplete behavior and walking, and failure to accurately memory the situation at the time of the accident, suffered injury, such as “influoral salt,” which requires approximately two weeks of medical treatment.

2. The Defendant was under the influence of alcohol concentration of 0.207% on the above date and at the above time, driving a B-learning car from approximately 4 km to the “D” road located in the same city C from the G apartment in the Gangwon-si G Apartment at the time of Gangwon-do to the “D” road in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of traffic accidents in E’s written statements, investigation report on actual condition of drinking, and investigation report on the results of crackdown on drinking and driving, and circumstantial statements of drinking drivers;

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

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.