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(영문) 춘천지방법원 2017.01.11 2016고단1144

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a driver of B rocketing another car.

1. On November 7, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a B rocketing car in the state of difficulty in normal driving under the influence of alcohol, such as 0.138 percent of alcohol concentration in the influence of alcohol during blood, by driving the B rocketing car in the state of difficulty in driving under the influence of alcohol, such as debrising and snowing, etc., and driving the B rocketing car in the speed of 917 on the screen of the Gangwon-do, Gangwon-do, Gangwon-do, which is located in 917, from the original air.

Since there are two lines installed a median line, the driver neglected his duty of care to operate the steering wheel and brakes accurately, while neglecting the duty of care to operate the steering wheel and brakes in a safe way, and received the front part of the victim C(58 Do)'s non-driving vehicle that was driven in the opposite part of the center line due to the negligence of breaking the center line.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered from the victim C such brain-dead sugar, etc., which does not have any wound in two opens requiring three weeks medical treatment, the victim E (57 years old) who is the passenger of the damaged vehicle, and the victim FF (57 years old), respectively, for three weeks of medical treatment.

2. The Defendant, while under the influence of alcohol content 0.138% during blood at the time under the preceding paragraph, driven approximately 10 km from the front of the funeral ceremony to the place under the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to the survey report on actual conditions, the statement of the situation of the driver in charge, and the written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime (the injury inflicted on a drinking driver) and Article 148-2 of the Road Traffic Act.