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(영문) 전주지방법원 2014.10.24 2014고단1307

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 08:10 on May 29, 2014, the Defendant driven a Crens car in the section of approximately 3km from the front side of the NHFK Automatic located in Yansan-gu, Jeonju-si to the roads in front of the NHFK in the same location, while under the influence of alcohol by 0.132% of the blood alcohol concentration.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to drive the Karen car at the time and time indicated in the preceding paragraph, leading one way in front of the said NHH CFC District, to the erogate gate from the erogic elementary school.

On the right edge of the above road, the victim D(51 years of age) parked the ESM5 car and left the goods at the Twit line. In such a case, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely, such as giving a full view to the front line and accurately operating the steering gear.

However, the Defendant, as mentioned above, was under the influence of alcohol, while walking was in a state of driving a sloping and stroke, so it was difficult to determine a normal physical manipulation and an accident.

Nevertheless, the Defendant, while driving the said car with the said car in the above situation, failed to avoid the above IM5 car and proceeded as it is, the Defendant received the front part of the Defendant’s car in front of the car and caused the Defendant to be faced with the body of the victim due to its shock.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the said victim, such as an open stand, which requires approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report, on-site photographs, and vehicle photographs;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Dangerous driving;