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(영문) 춘천지방법원 속초지원 2013.11.06 2013고정172
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

Punishment of the crime

The defendant is engaged in driving a B knife knife vehicle.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the Defendant on May 12, 2013 on the road in front of the Sucheon-dong Party of the Sucheon-si, Sucheon-si.

At this point, it was a lush road, and it became a lush vehicle and a luxur.

In such cases, a person engaged in driving duty has a duty of care to safely maintain the state of parking of a vehicle by thoroughly operating the brake system, so that the vehicle has a duty of care to prevent and load the vehicle.

Nevertheless, the Defendant neglected to do so, due to the negligence of leaving the vehicle on the vehicle, brought the back part of the DNA 100 Oral Ba, driven by the victim C (E, 22 years old) who is going behind and going behind the vehicle, and shocked into the back part of the Defendant’s vehicle.

Therefore, in the event that it is difficult to drive normally while under the influence of alcohol with 0.219% alcohol level, the victim suffered injury such as the climatic salt, tension, etc. that requires treatment for about two weeks by negligence.

2. Around 11:50 on May 1, 2013, the Defendant driven the said combined vehicle under the influence of alcohol by at least 0.219% in the section of approximately one kilometer of blood alcohol level on the same day from the roads front of the Sucheon-si Teaching Party in Seocho-si to the front of the same day and around 12:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A written statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, an accident site photograph, and a photographic confirmation of a black stuff;

1. A report on detection of a host driver;

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, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1

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