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(영문) 대전지방법원 서산지원 2015.03.25 2014고단973

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurd-Wurt Motor Vehicle.

On July 17, 2014, at around 03:25, the Defendant driven the said car with a 0.192% alcohol level 0.1% alcohol level, and continued to run the said car into the agricultural cooperative, but from the ropolym apartment on the side of the jumc apartment.

At the time, there is a night and a vehicle parked on the road, so a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by thoroughly operating the steering system and brake system and operating it.

Nevertheless, in a situation where normal driving is difficult due to such influence of alcohol as above, the Defendant was driving the said C A-A-Wn-Wn-Wn-Wn-Wn-C-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim FF (the age of 22) for about two weeks, such as a snow pool and open wound in the area around snow.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements related to D traffic accidents;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and photographs related to traffic accidents;

1. A written appraisal of blood alcohol and a report on detection of a drinking driver (blood collection result);

1. Application of Acts and subordinate statutes of the medical certificate (F);

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the concurrent crimes with the punishment provided for the crime resulting from death or injury resulting from dangerous driving)]