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(영문) 춘천지방법원 강릉지원 2013.05.08 2013고정59
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

The Defendant is a person who is engaged in driving a ESFM car.

On December 25, 2012, the defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dworka) followed the victim C(56 years old) driver's vehicle moving ahead of the same direction toward the one-lane side of the projected Do road in front of the projected Dob-dong in Gangnam-si, Gangwon-si, in the condition that normal driving of the said vehicle is difficult due to drinking at around 00:09.

At the time, since it was difficult to move around at night, a person engaged in driving service has a duty of care to thoroughly operate the steering time and accurately operate the steering and brake system.

Nevertheless, under the influence of alcohol, the foregoing damaged vehicle, which was operated prior to the front of the road due to negligence of operation, was found to have discovered and stopped a pedestrian who dried up the road and operated it late, but did not reach this, and received the back part of the damaged vehicle due to the front part of the victimized vehicle.

Ultimately, the Defendant suffered approximately two weeks’ salt ties, tensions, etc. from the victim due to the above occupational negligence.

B. The Defendant violated the Road Traffic Act (driving) driven a volume of approximately 10 meters from the front side of the Japan Apartment apartment in the Gangnam-si of Gangnam-si of Gangnam-si to the front side of the same dong-si, while under the influence of alcohol by 0.148% (the result of measurement) in blood alcohol concentration at the above time.

Summary of Evidence

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, each traffic accident report, on-site photograph, a report on the detection of a host driver, a report on the occurrence of a dangerous driving,

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

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