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(영문) 춘천지방법원 강릉지원 2013.08.28 2013고단216
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a passenger car with C gender;

On February 14, 2013, at around 20:40, the Defendant driven the above vehicle while under the influence of alcohol equivalent to 0.128% of blood alcohol concentration (as a result of appraisal), and proceeded with the national highways No. 7 in front of the modern apartment in the Yecheon-dong in the East East Sea along the two-lanes from the north East East East to the Yecheon-dong bank, and changed the lane into the one-lane.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents by accurately manipulating the traffic situation, and by accurately manipulating the steering gear, brakes, etc.

Nevertheless, the part of the victim D(53 years of age, south) E T-cco vehicle driving due to the negligence of changing the lane rapidly without neglecting this, was shocked into the front part of the left side of the vehicle.

As a result, the Defendant suffered injury to the victim, such as kneee-ae-a-knee-a-knee-a-knee-a-kne.

2. Violation of the Road Traffic Act (LA) was under the influence of alcohol in approximately 4.5km section from the Do in front of the restaurant “sea-speed” in the Dongcheon-dong at the same time and at about 0.128% (evaluation result) of blood alcohol concentration in the 7th national highway in the same city of Yacheon-dong from the Do in front of the restaurant in the Dongcheon-dong at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the survey report on actual condition, traffic accident-related photographs, reports on detection of drinking drivers, circumstantial statements of drinking drivers, reports on whether to drive any danger, diagnosis reports, and written statements on request for appraisal (D), and written statements on request for appraisal;

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

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