beta
(영문) 대전지방법원 천안지원 2015.02.12 2014고정1086

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

1. Around 01:00 on September 28, 2014, the Defendant driven a B-ro vehicle under the influence of alcohol content of 0.175% from the front of a cafeteria located in the new and French-dong, Western-gu, west-gu, Chungcheongnam-gu to the two-way distance in the same city.

2. 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 a car B;

On September 28, 2014, at around 01:00, the Defendant driven the said car under the influence of alcohol as set forth in Paragraph 1, and driven the instant car along the two-lanes from the Nalet University to the Yongsan Village apartment from the Nalet University.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by driving a motor vehicle safely, such as making a good report on the situation of anti-traffic, accurately manipulating steering equipment, etc.

Nevertheless, the Defendant neglected this and received the part on the right side of the back-hand part of the Dworka cab driven by the victim C (year 51) who is under suspension due to the negligence of driving while under the influence of alcohol while normal driving is difficult due to the foregoing negligence.

As a result, the Defendant suffered injury to the victim C, such as salt, tension, etc. in need of approximately two weeks of medical treatment, and injury to the victim E (the 52-year-old passenger) who is a taxi passenger, such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. A traffic accident report (1), (2), a traffic accident report, on-site photograph, and at the time of an accident;