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(영문) 춘천지방법원 강릉지원 2013.08.13 2013고정257
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was in progress on April 19, 2013, while the Defendant was unable to drive normally due to influence of drinking at around 02:55, and the Defendant was driving the EXE car at a speed that cannot be seen as one-lane ahead of the main point of “a even” in the Gangseo-si intersection by driving the EXE car at a speed of one-lane from the Jinol middle school to one of the agricultural cooperatives.

A person engaged in driving service has a duty of care to check the safety of the course by checking well the right of way when operating a vehicle.

Nevertheless, due to negligence, passengers were taken on two-lanes in the direction of marina course as they were, and the victim C (Nam, 51) was driving at the same time, and the latter and the latter part of the string on the left side of the cab for business use of the DK5 si, which was driven by the victim C (Nam, 51).

Accordingly, the Defendant suffered injury, such as salt, tensions, etc., in need of approximately two weeks of treatment to E (Nam, 28 years of age), on board a damaged vehicle due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driven the said vehicle under the influence of alcohol by 0.201% (the result of measurement) of the said temporary light alcohol concentration on the front road of the “Yuung-si Road” in front of the said “Yung-si Road” located in the Gangseo-si Road, and driven a vehicle at least 700 meters prior to the “Yungcheon-si Road” located in the said Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Reports on the occurrence of traffic accidents;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

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

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

1. The Criminal Act among concurrent crimes.

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