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(영문) 춘천지방법원 영월지원 2015.12.08 2015고단422
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in the duty of driving B M&A car.

On August 27, 2015, the Defendant, at around 22:20 on August 27, 2015, was under the influence of alcohol such as influenite and walking, etc., and was unable to drive normally due to the influence of alcohol. The Defendant, at around 0.141% of alcohol concentration, was driving the said car, 38 countries, which are located at the Gangnam-ro of the Gangwon-gu Seoul Special Metropolitan City, Gangwon-do, Gangwon-do, led to the intersection of the said car from the Cheong

Since there are two laness of two lanes, a driver of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely by safely examining the traffic situation of the frontline.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving so as to prevent the Defendant from driving, received the back part of the victim C(39 years of age)’s BMW car in the front direction of the course of the collision as the front part of the Maz car.

As a result, the Defendant suffered salt, tension, etc. from the victim due to the above occupational negligence for about three weeks.

2. On August 27, 2015, the Defendant driven a 3.1km car at the speed of approximately 3.1km to the intersection of the Western month set forth in paragraph (1) on the roads near the Young- Month Terminal, while under the influence of alcohol at around 22:20% of the blood alcohol concentration of 0.141%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation (C's telephone statement);

1. Application of Acts and subordinate statutes to traffic accident reports, inspection reports on the actual condition of a driver, report on the actual condition of a driver of a driver of a driver's license, report on whether to drive any danger, diagnosis reports, and on-site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

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

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