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(영문) 청주지방법원 2013.07.04 2013고정516
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 of Bsch Rexton car.

On May 5, 2013, at around 22:30, the Defendant, while under the influence of alcohol, was unable to drive normally due to the influence of alcohol, such as walking, snow and face with less than 0.101% of blood alcohol level, and the Defendant was behind the road in front of the Cheongju-gu Mackdong-dong 435-11 Kim Jong-do, Cheongju-dong, Cheongju-dong, to drive normally due to the influence of alcohol.

At night and its location is a road with a lot of vehicles parked in parking, so there was a duty of care to see the rear side and operate the steering and steering system accurately, if the person engaged in driving of the motor vehicle is moving back for parking.

Nevertheless, the Defendant was under the influence of alcohol and was driven by the victim C (year 25) who was under the stop due to occupational negligence and failed to accurately operate the steering direction and operation system while neglecting the operation thereof. The Defendant was under the influence of alcohol and was driven by the Defendant as the back panion of the fexton car that the Defendant driven.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as dump dump and tension which require approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Each statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) and 44 (1) of the Road Traffic

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The latter part of Article 53 and Article 55(1)6 of the Criminal Code for discretionary mitigation causes minor accidents during mobile parking, is covered by a comprehensive insurance and agreed with the victim.

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