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(영문) 제주지방법원 2013.11.20 2013고정867
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant was under the influence of alcohol level 0.197%, and around 20:03 on August 18, 2013, the Defendant was under the influence of alcohol level 0.197%, and was under the direct operation of B vehicle owned by the Defendant on the front of the convenience point at the 25:5 Sincheon-si, Chocheon-gu, Seocheon-do, in the direction from the right edge to the right edge of the sea.

Since the accident place is equipped with the center line of yellow solid lines, a person driving at this time has a duty of care to thoroughly operate the front line and to safely operate the vehicle.

Nevertheless, the Defendant neglected this and caused a traffic accident leading up to the left-hand part of the driving vehicle of the victim, which led to a shocking part of the upper left-hand part of the driving vehicle of the victim, without viewing that the victim C(the age of 41) was driving a motor vehicle in front of the center line, and was in front of the lower-hand part.

Ultimately, the defendant driving a vehicle in a situation where normal driving is difficult due to the influence of drinking, and causing the victim to suffer an injury on the base of salt and tension for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the circumstantial statement of a drinking driver, report on detection of a drinking driver, and inquiry into the results of crackdown on drinking;

1. A medical certificate;

1. Application of statutes on site map and photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the amount, and the lower limit shall be determined by the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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