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(영문) 춘천지방법원 원주지원 2013.08.27 2013고단235
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On November 19, 2012, the Defendant was driving a vehicle between C and C with a blood alcohol concentration of about 0.143% from the 717m section of the city of the original city to the 1570-3rd day of the Gu of the original city, from the parking lot of the annual cafeteria located in the corner of the Seog-gu, Seog-gu, the original city of the original city on November 19, 2012.

2. 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 car between C.

On November 19, 2012, the Defendant, while under the influence of alcohol 0.143% of the blood alcohol concentration at around 22:28, 2012, driven the said car, and led the road in front of the number of tent stations located on the surface of the plate at the original city at the original city, by bypassing it from the cump deton to the drugs.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to ensure that a person engaged in driving service has a duty of care to drive safely with the front side and the left side.

Nevertheless, the Defendant was under the influence of alcohol and neglected to turn to the left from the back of the white medication by neglecting the median line, and instead neglecting it, received the part of the victim D(38 years of age) driving in order to turn to the left from the back of the white medication. The Defendant was under the driving of the Defendant with the left front part of the car.

Ultimately, the Defendant, while driving in a state where normal driving is difficult due to influence of drinking, was negligent in the course of performing the above duties, and the Defendant suffered from the injury of light salt that requires medical treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of fines), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving and the choice of fines).

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