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(영문) 의정부지방법원 2013.09.05 2013고정2059
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

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving a motor vehicle owned by the Defendant.

On June 12, 2013, at around 10:10, the Defendant driven the said car with a blood alcohol concentration of 0.273%, and led to the intersection of the public health clinic distance in the Sincheon-si, Sincheon-si, Sincheon-si to the direction of Macheon-si.

It is a remote intersection where signal lights are installed, and a driver engaged in driving service is prohibited from driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and there was a duty of care to check the right and the right and the right and the right of the vehicle and proceed with the safety of the course.

Nevertheless, the defendant is negligent in doing so and is proceeding.

At this time, the part front of the driver's seat of the victim C driver who was waiting for the signal was the front part of the driver's seat in the above vehicle of the defendant.

As a result, the Defendant suffered from the victim C’s negligence in the course of performing the above duties that requires one-day medical treatment for a set of time.

2. Around 10:00 on June 12, 2013, the Defendant driven a vehicle with approximately 4 km away from 104 Pocheon-si, Sincheon-si, Sincheon-si, to the intersection in front of the public health clinic distance located in the same Si/Eup/Myeon at approximately 10:10 on the same day, while under the influence of alcohol at approximately 0.273% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of the driver, and a report on the status of the driver's operation;

1. A traffic accident report;

1. Written opinions (C);

1. Application of the Acts and subordinate statutes to photographs of accident site and CCTV image data;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 1 of the Road Traffic Act.

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