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(영문) 춘천지방법원 강릉지원 2016.06.30 2016고정131
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

1. On February 23, 2016, the Defendant violated the Road Traffic Act (divated driving) and driven a car under the influence of alcohol of about 0.104% of alcohol in the 3km section from the green apartment, which is located in 132, the fluence fluence fluence fluence fluence fluence fluence fluence fluence fluence fluence fluence fluence fluence fluence fluence fluen fluen, fluen flu

2. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury prior to the risk) and engages in driving of a car.

On February 23, 2016, the Defendant driven the said car under the influence of alcohol on February 23, 2016, and proceeded with the road of 1-lane 84 in the order of Gangseo-gu Seoul Special Metropolitan City, Gangwon-do, NH Agricultural Co., Ltd., located in 84, the order of Gangwon-do Special Metropolitan City.

At this place, since the traffic of vehicles is frequent in the densely-populated area, there was a duty of care to safely operate the steering system, steering system and brake system by accurately operating it.

Nevertheless, when the defendant operated beyond the center of the road due to the influence of the above drinking, the defendant's vehicle operated in opposite direction with the defendant's vehicle in the opposite direction by the victim C (hereinafter referred to as 59 years old) at the time when the vehicle was operated beyond the center of the road while it is difficult for the defendant to drive the vehicle as above due to the influence of the above drinking, and received the part of the driver's vehicle in front of the left side of the vehicle of the defendant

Ultimately, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as salt dynasium, which requires approximately two weeks medical treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The actual survey report and photographs;

1. A report on the detection of a driver engaged in driving and a report on whether to drive any danger;

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 (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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