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(영문) 춘천지방법원 강릉지원 2013.05.02 2013고정58
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 driving a Bchip car.

On December 12, 2012, the Defendant was driving the said vehicle at a speed that is difficult to drive normally due to the influence of drinking at around 13:40 on December 12, 2012, and was driving the said vehicle at a later speed from the right side of the Rocheon Elementary School, the later side of the Gacheon-si, which is located in the Yancheon-si.

Since the road has a sidewalk for pedestrian traffic on the right side, the driver has a duty of care to not violate the sidewalk.

Nevertheless, the part on the right side of the victim C(W, 18 years old), which was placed on the bend side of the vehicle's right side due to the negligence of driving a sidewalk by neglecting this, was received as the upper part of the vehicle's right side.

The Defendant suffered by negligence on the part of the bridge, etc. under the left-hand side where treatment for about four weeks is required by the above occupational negligence.

B. Violation of the Road Traffic Act (driving) driven the said vehicle under the influence of alcohol level of 0.229% (the result of blood collection) at the same time, and drive the said vehicle on the front side of the Yancheon-si, Namcheon-si, Namcheon-si, the Defendant driven the said vehicle at around 2km in front of the latter part of the Ycheon Elementary School located in the Yancheon-si, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. On-site photographs;

1. A report on detection of a driver and a report on the circumstances of a driver's driving;

1. A medical certificate;

1. Application of the statutes of response to requests for blood appraisal;

1. Article 5-11 of the Act on the Punishment of Specific Crimes Aggravated Punishment, etc. under the relevant Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime (the point of drinking and the selection of fines);

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

1. The Criminal Act for the detention of a workhouse;

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