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(영문) 청주지방법원 2012.12.11 2012고정1001
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 26, 2012, at around 14:40, the Defendant, while under the influence of alcohol of 0.132% of blood alcohol concentration, driven a CJa car, and proceeded on the front side of the Han Jin new apartment located in the territory of the Cheongju-si, the territory of the city of Cheongju-si, with about 30km in speed from the direction of the Cheongri-si cafeteria to the Cheongri High School.

Since there are roads where the median line is not installed, the driver of the motor vehicle has a duty of care to prevent the accidents of the motor vehicle that proceeds to the opposite side by accurately manipulating the steering gear and the steering gear.

However, as above, the Defendant was negligent in driving the said car in a situation where it is difficult for the Defendant to drive the said car at a normal speed due to the Defendant’s driver’s fault and caused the Defendant to go to the opposite side of the said road by driving the victim D(W, 46 years old) driving on the left side of the said road, and caused the victim D to go to the right side of the said road.

Ultimately, the Defendant, under the influence of alcohol, caused a traffic accident while driving a motor vehicle while normal driving is difficult, and caused the damage to the victim D and his/her female and the victim F (36 years of age) for about two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on the occurrence of traffic accidents;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. On-site photographs, etc.;

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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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