beta
(영문) 춘천지방법원 원주지원 2013.07.19 2013고정222

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

1. Around 17:05 on December 26, 2012, the Defendant driven a BpD car with a blood alcohol content of about 0.153% under the influence of alcohol at a section of about 20km from the 20km to the front road of the “large-type machine” located in the Jindo-Eup, Chang-si, Chang-si, Chang-si.

2. From December 26, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving a BpD car under the influence of alcohol, as described in paragraph (1), while driving it in the direction of a gate in the direction of the side, as stated in paragraph (1), while under the influence of alcohol, around December 17, 2012.

At the time, its location was a road with the center line of yellow solid lines, so in such a case, there was a duty of care to thoroughly drive the driver in the front line and to safely drive the car line.

Nevertheless, the Defendant neglected to do so and did not put the front line under the influence of alcohol, and received the front part of the D Poter Cargo Vehicle driven by the victim C(53 years old) driving in the opposite lane of the said passenger vehicle due to the negligence of driving the center line by breaking the center line.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim E (the 56-year old-age-old person) such as salt, tension, etc. in need of treatment for about two weeks, and suffered injury to the victim E (the 56-year-old person) who was accompanied by the said cargo for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A survey report on the actual condition, a report on the detection of drivers, and a report on whether to drive any dangerous motor vehicle;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The injury resulting from dangerous driving under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime concerned;