(영문) 춘천지방법원 강릉지원 2017.11.16 2017고단1058

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(영문) 춘천지방법원 강릉지원 2017.11.16 2017고단1058

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is engaged in driving a rocketing car.

1. On August 10, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death prior to the risk) was under the influence of alcohol on or around 02:45 on August 10, 2017, the Defendant, while driving the said vehicle while it is difficult to drive the vehicle in a state of difficulty, led the Defendant to turn to the left at both sides and the right side of the two sides at the 6 water-related intersection of the 6 water-related distance north of the order of Gangseo-si.

At the same time, the lower surface was sleeped, and it was difficult to secure the view due to the new wall time, and there was a duty of care to operate a vehicle with a driver's duty of care to ensure the safety by thoroughly operating the vehicle at the front time, reducing the speed prior to reaching the intersection for left-hand turn, reducing the speed prior to reaching the intersection for left-hand turn, and accurately operating the steering and brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent by failing to keep the vehicle left at a close and left turn without accelerating the speed while neglecting the above duty of care, and was placed with the wall of the cafeteriaed building owned by the victim C (V, 73 years old) who was in the direction of the defendant's right angle in the direction of the passage of the defendant, and thereby, caused the victim who was locked in the above building to fall off.

Ultimately, due to the above occupational negligence, the Defendant inflicted an injury on the victim, such as the catum cat that requires approximately two weeks of treatment.

2. On August 10, 2017, the Defendant driven the said rocketing car under the influence of alcohol content of approximately 0.153% from the section of approximately 700 meters from the 02:45 to the 6th day of the order branch of Gangseo-gu Seoul Special Metropolitan City to the 6th day of the same order.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. On-site photographs; 1.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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