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(영문) 대전지방법원 2016.10.14 2016고단2296

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving motor vehicles C.

On June 21, 2016, at around 15:10, the Defendant driven the said car in a state where it is difficult to drive it normally due to the alcohol concentration of 0.209%, and led to the driving of the said car along the two-lanes in the direction of the 107 towing apartment complex in Seo-gu Daejeon, Seo-gu, Seo-gu, Daejeon, along the two-lanes in the direction of the 107 East Village apartment complex.

At the time, the Defendant, prior to the same direction, was followed by the EM5 vehicle driven by the victim D (the age of 54). Therefore, the Defendant had a duty of care to ensure and proceed with the safety distance to avoid when the said vehicle stops.

Nevertheless, under the influence of alcohol, the Defendant was found to have been negligent in driving while driving a car in the vicinity of the Defendant due to the negligence of driving the car in the vicinity of the Defendant, and attempted to stop and immediately operate the car of the said victim, but the Defendant did not avoid it, but was able to receive the part of the victim's vehicle behind the car in front of the Defendant's vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of treatment.

2. Around 15:10 on June 21, 2016, the Defendant driving a car in C Pain Pain under the influence of alcohol content of about 0.209% from the 1km section of approximately 1km to the 107-Dong-dong, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu to the 118-26-dong Pain apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Act concerning the facts constituting the crime;