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(영문) 춘천지방법원 강릉지원 2015.07.22 2015고정204
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, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving the BM7 car volume.

1. On April 23, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol on April 23, 2015 and continued to run a road front of the city bus platform at the entrance of the Gangseo-si Police Station at the mouth of the Gangseo-si Police Station.

At the time, the driver was at a bend in the direction of the downhill, so the driver was engaged in driving duty to reduce the speed and accurately operate the steering and brakes so that the driver had a duty of care to operate safely.

Nevertheless, under the influence of alcohol, the defendant caused a traffic accident that leads to the protection wall on the left-hand side of the moving direction due to negligence that neglected such a duty of care.

Ultimately, the defendant's negligence caused the injury to C(the age of 20) who was on board the damaged vehicle, such as cutting the aggregate of the right-hand frame, which requires approximately 8 weeks of treatment.

2. Around 00:10 on April 23, 2015, the Defendant driven a BM7 vehicle volume under the influence of alcohol while under the influence of alcohol by 0.10% (the result of measurement) of blood alcohol concentration on the roads in front of the swimming course located in Gangseo-si, Gangnam-si, Gangwon-si, the lower court at around 00:10.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a traffic accident report, on-site survey report, on-site photograph, the status of a drinking driver, diagnosis report, the appraisal request report, the main driver's license report, and the report on whether to conduct any dangerous driving;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 1482-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of fines for the crime, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (to the extent that the maximum amount of the two crimes is aggregated) shall be applicable;

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