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(영문) 전주지방법원 2013.09.04 2013고단1696
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 25, 2013, at around 06:45, the Defendant driven a CMF5 car and proceeded with the secondary line two lanes in front of the SMF distance of the Eju station located D at the front city of the front city, with two-lanes of alcohol alcohol concentration 0.183% under the influence of alcohol content, depending on the two-lanes of the front city bank.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle along the intersection at a safe speed and at a safe manner, as well as by driving the motor vehicle according to the direction of signal apparatus by checking the signal well.

However, at the time, the Defendant was under the influence of alcohol as above, and accordingly, it was difficult for the Defendant to see the front door properly or accurately manipulate the steering and steering system due to the rained distance.

Under the above circumstances, the Defendant neglected to perform the above duty of care and violated the signal by negligence, and was in a direct fashion of the signal, and received the front portion of the passenger car in front of the Defendant’s car, where the victim F (the age of 48) driving, who was directly directed toward the e-mail from the e-mail intersection to the e-mail intersection by the e-mail intersection according to the new line.

As above, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered approximately four weeks of medical treatment from the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident actual condition survey report and photographs;

1. A report on detection of a driver and a report on whether he/she is to drive any danger;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, respectively;

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