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(영문) 춘천지방법원 강릉지원 2014.11.13 2014고정405
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a third card designer, and the BM3 car driving is a person who is engaged in driving service. A.

On July 24, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) stated a face of blood alcohol concentration of 0.128% (the result of measurement) on July 24, 2014, while driving the said vehicle owned by her husband in a state that it is impossible to drive normally, such as a short distance, and led the Defendant to turn to the right to the right to the right to the right from the direction of the first intersection in the front of the Drown-si apartment apartment of the dispatching-si.

Since there is no traffic control, a person engaged in driving service has a duty of care to check whether there is a cross-road vehicle by reducing or temporarily stopping the speed prior to entering the intersection.

Nevertheless, the injured party E (the aged 32) who is driving on the right side from the left side of the proceeding due to negligence of neglecting this, caused by a scopic fM5 vehicle driven by the injured party E (the aged 32) by shocking the front left side of the vehicle, thereby resulting in a scopic scopic scopon which requires approximately two weeks of treatment to the injured party and the injured party G (the aged 30) respectively.

B. The Defendant is in violation of the Road Traffic Act (A) with a blood alcohol concentration of 0.128% (under the influence of the result of the measurement, the Defendant is driving a 500-meter vehicle owned by her husband to the front day of the Drown-si in front of the river in the Gangnam-dong, Gangnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of the G production;

1. A report on the statement of the status of a drinking driver, a report on detection of a drinking driver, and a report on whether he/she will drive any danger;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. The Commercial Concurrent Crimes Act.

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