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(영문) 춘천지방법원 2016.08.17 2016고단429
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of C Poter cargo vehicles, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to risk).

On April 17, 2016, the Defendant driven the above cargo while under the influence of alcohol with 0.186% alcohol concentration in blood at the entrance of a two village located in 180-ro, Hancheon-gun, Gangwon-do, Hansan-do, Gangwon-do, the Defendant driven the above cargo, and proceeded with the debrigate in the face of Man-Eup.

Since the location was a road that the vehicle passed through, in such a case, there was a duty of care to drive the vehicle in compliance with the driving direction.

Nevertheless, the Defendant neglected to do so and had the front part of the E-learning Motor Vehicle, which was driven by the victim D(39) due to the negligent negligence, due to the Defendant’s negligence, received the front part of the E-learning Motor Vehicle, following the said cargo vehicle.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as the salt of the chill and the tension in need of medical treatment for about a week.

2. On April 17, 2016, the Defendant: (a) driven the freight vehicles described in paragraph (1) while under the influence of alcohol with approximately 10 meters alcohol content 0.186% at a distance of about 10 meters from the front side of G, which is located in F, Gangwon-do, Gangwon-do, to the front side of the entrance of both village located in the same Ri.

3. The Defendant, who was an employee of AXA insurance company on April 17, 2016, after receiving a traffic accident report as described in paragraph (1) G as described in paragraph (2) at around 14:20, around G as of April 17, 2016, is unable to process insurance because it is a drinking accident.

“Along with the word “,” and assaulted the victim’s breath by bating and pushing the bat.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each police statement made with H and D;

1. The survey report on actual condition, the statement of the situation of the driver in charge, the diagnosis certificate, and the report on whether to drive any danger.

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