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(영문) 춘천지방법원 강릉지원 2014.04.11 2014고정120

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a observer car.

1. On November 12, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol by 0.186% (the result of measurements) with a blood alcohol concentration of 0.186% (the result of measurements) on November 18, 2013, and led the Defendant to drive the said vehicle, while driving the said vehicle, leading the road front of the Red swine State Dob, which is located in Gangseo-si, Gangnam-si

In this case, as a driver of a motor vehicle, he had a duty of care to safely drive the motor vehicle by accurately operating the steering and steering system.

Nevertheless, the Defendant, while neglecting this, was driven by the victim C (the 44 years of age, south) who was under the influence of a signal stop at the front of the Defendant’s vehicle due to negligence while under the influence of alcohol, was driven by the victim C(the 44 years of age, south).

In addition, the damaged taxi was driven by the victim E (the 36-year old, South) who was parked in front of that taxi due to its shock and the front part of the taxi, and the part behind the F New Haststy's car driven by the victim E (the 36-year old, South).

Ultimately, the Defendant is driving a motor vehicle in a state where normal driving is difficult due to influence of drinking.

As a driver of a motor vehicle neglects his/her duty of care, the victims suffered injuries, such as salt dump, tension, etc. in need of treatment for about two weeks, respectively.

2. Around 12:30 on November 12, 2013, the Defendant driven the said vehicle at a section of approximately 200 meters from the front of the station cafeteria restaurant located in Gangseo-si, Gangseo-si, to the red swine boomed, located in the same Dong, while under the influence of alcohol by around 18:30 on the blood alcohol concentration of 0.186 percent (the result of measurement).

Summary of Evidence

1. Defendant's legal statement;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.