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(영문) 광주지방법원 2013.04.04 2013고정466

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-hand vehicle.

On December 21, 2012, at around 00:05, the Defendant driven the said vehicle at a low distance of 0.131% under the influence of alcohol, with a strong string of 0.131% alcohol concentration, and the walking of 0.131%, and the Defendant was unable to drive normally and normally, such as being fluord with snow, with a strong string of snow, and being sponed on the face, and led the said vehicle to drive the road of one-lane in front of the Jeonsung-gunng-gun, the direction toward the new village distance from the direction of the Yellow-gun Market

At night and on the right side of the road, the victim D(the age of 25) is coming from the direction of the new village, and in such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by accurately operating the steering gear and brakes.

Nevertheless, the defendant neglected this and proceeded with the right side of the victim on the right side of the said car by negligence.

In the end, the Defendant suffered a shoulder and the arms that need to be treated for about two weeks due to occupational negligence while driving normally difficult due to the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Each statement of the actual condition of traffic accidents, each report on the actual state of driving at home, each report on the detection of a primary driver, and each statement of diagnosis;

1. Application of image Acts and subordinate statutes to traffic accident scene photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act is that the accused has a criminal record of drunk driving once.