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(영문) 춘천지방법원 2015.07.02 2015고정129
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B observer car.

On November 20, 2014, the Defendant driven the said car under the influence of alcohol of 0.132% on blood alcohol concentration at around 17:30 on November 20, 2014, and straight down the two-lane road in the direction of new south on the side of the New Fungcheon, the Defendant was under the influence of driving the said car in the direction of 0.132%.

The Defendant was unable to properly operate the remaining steering gear in such a state as above, and entered the central separation zone into one lane, shocked the central separation zone, and was driven by the victim C(30 years old) driving with one lane in the same direction, and received the left-hand part of the front-hand part of the said options car from the victim C(30 years old) driving.

Ultimately, the Defendant was negligent in not operating the steering gear in a state where normal driving is difficult due to the foregoing negligence, and the Defendant suffered from the victim C and the victim E (the age of 27) who was on board the said small-scale car, such as catum salt in need of treatment for each two-day period, and from the same victim F (the age of 2) the injury of catum salt in need of treatment for each two-day period, and from other damage to the character of head part necessary for one-day treatment.

2. The Defendant violated the Road Traffic Act (driving) on a temporary basis, as set forth in paragraph (1), driven the observer car in the direction of approximately 130 kilometers from the front of the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government to the roads adjacent to the above new wind intersection, while under the influence of alcohol content of about 0.132%, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on actual condition;

1. On-site photographs;

1. Written statements of C and E;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of each statute to C, E, and F

1. Each relevant Article of the Act concerning criminal facts;

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