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(영문) 춘천지방법원 속초지원 2014.09.03 2014고정101
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

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 driving a motor vehicle B;

On June 9, 2014, at around 01:10, the Defendant driven the said vehicle under the influence of alcohol of 0.19% of blood alcohol concentration, and led to the two-lane road of the salary-gu three-lane distance from the beginning side of the inner line, which is located in the enclosed west of the Jinsung-gun of Gangwonwon.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving the former, rear, and left and right.

Nevertheless, the Defendant neglected to do so and neglected to stop on the front side of the road, and went away from the moving line, and caused the negligence on the part of the victim C(the 41-year-old driver), who was standing on the side of the road, and received the part on the part of the driver in front of the car driving of the Defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the above influence of drinking, and caused the victim to suffer injuries, such as salt pans, tension, etc., by a shoulder pipe which requires approximately two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at a distance of about 300 meters from the front of the Defendant’s house located in the Jinsung Military E, which is located in the above paragraph (1) to the horizontal distance in the same Ri, driving the said vehicle under the influence of alcohol level of about 0.19%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A traffic accident report, a survey report, and a scene photograph of the traffic accident;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to report internal investigation (related to hearing of details about the incident of the victim C and attaching a medical certificate);

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and the choice of punishment;

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