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(영문) 제주지방법원 2013.05.01 2013고단315
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act;

A. On January 17, 2013, at around 13:20, the Defendant driven a Kanman car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.23% from the 100-meter section around the Doldong in Jeju Island to the Doldong in the same city.

B. At around 17:40 on January 17, 2013, the Defendant driven the said car while under the influence of alcohol with approximately 0.149% alcohol level from the Defendant’s house located in Jeju Island to the front of the modern vehicle located in the same Dong from around 1 Km to the date of the modern vehicle located in the same Dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a C car;

At the date stated in paragraph 1, the Defendant driven the said car at the time set forth in the paragraph (a) and proceeded to the course of the lurgical distance in front of the lurgical cafeteria at the lurgian city.

Since it is a place where traffic is not controlled even though it is a three-distance, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents from smoke and safely operate the motor vehicle by checking whether there is a motor vehicle crossing in the front side and the right and the right in the front side while driving the motor vehicle.

Nevertheless, the Defendant neglected to drive the vehicle on the front side while it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, and due to the negligence of driving the vehicle on the front part of the said vehicle, which was driven by the victim E (59 years old).

As a result, the Defendant suffered injury to the victim, such as the pipe of a part that requires approximately two weeks of medical treatment, and the dysium, by negligence on the part that the victim suffered.

Summary of Evidence

1. Defendant's legal statement;

1. Each host driver shall make a report on detection of his or her identity, the circumstantial statements of each host driver, respectively;

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