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(영문) 춘천지방법원 2013.08.12 2013고단408
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

The defendant is a person who is engaged in the duty of driving a C Eth Motor Vehicle.

On April 5, 2013, at around 16:35, the Defendant driven the said car with a blood alcohol concentration of 0.132% 0.132% while under the influence of alcohol on April 5, 2013, and led to a point of 374.2km in the Korean Highway, which is located in the Chuncheon-si, in the frontline of movable property.

Since it is an expressway installed as a central separation cost, there was a duty of care to properly operate the steering gear and brake system to the person engaged in driving of the motor vehicle and normally proceed along the right side of the central separation zone.

Nevertheless, the Defendant neglected to perform the above duty of care in a state where normal driving is difficult due to influence of drinking, and caused the victim E (29 years of age) who driven D Bbeer or a motor vehicle on the opposite side by driving it on the opposite side with the opposite direction. In order to avoid the discovery of the Defendant’s motor vehicle and to avoid this, the Defendant caused an unfolding traffic accident, which makes the hand-on hand fast to the right side so that the said Bbeer or a motor vehicle can be displayed, thereby causing the victim’s injury, such as a trend and tension in need of two-day medical treatment for about two weeks, and that the victim suffered the victim’s injury, such as the dbeer or the tension of the alley part.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Making a report on the control of drinking driving;

1. A report on whether to drive any dangerous motor vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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