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(영문) 대전지방법원 2013.08.14 2013고단700

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 1.5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving service of 125 cc unregistered Oral wave in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (AD).

On July 29, 2012, the Defendant, at around 03:20, without obtaining a motorcycle license in a state where normal driving is difficult due to drinking (the blood alcohol concentration 0.139%). On July 29, 2012, the Defendant driven the otobb, which led to the drive of the above obba, to the right side of the Northwest High School near Sejong Special Self-Governing City, and the right side of the obabababababa, using two lanes in the middle of the two lanes in the area from Daejeon.

At that time, its location is a national highway with a central separation cost, and in such cases, the person engaged in the operation of Ortoba has the duty of care to accurately operate the steering direction and operation system, and to safely proceed with the boom and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded as it was due to the negligence of the Defendant’s driving, and the upper left left-hand side of the upper left-hand side of the Defendant’s driving.

As a result, the Defendant suffered injury, such as “in the simultaneous fluences on the opposite side and the opposite side,” which require approximately 12 weeks of medical treatment to the victim B (Nam, 19 years of age) who was accompanied by the above occupational negligence.

2. Defendant B’s violation of the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) are those who are engaged in driving service of 125cc without registration.

On 29. 03:20 on 20. 07. 29. 03:20, the Defendant did not obtain a motorcycle license under the influence of alcohol with a blood alcohol concentration of 0.067%, and at the section of about 20km from the front day of the Chang Residents' Center located in the Changdong-dong in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the upper day of the road located in the upper day of Sejong Special Raeng-Eup.