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(영문) 대구지방법원 2016.06.30 2016고단1687

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. On April 13, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger) driven by DNA X-ray car under the influence of alcohol concentration of 0.163% in blood on the roads in north-gu B around April 13, 2016 and driven by the Defendant at a speed of about 50 to 60 km per hour between the two-lanes in the direction of the Do government from the home fluorum room to the direction of the Do government.

Since there is an intersection where signal apparatus is installed, there was a duty of care to prevent accidents in advance by making a person engaged in driving a motor vehicle well look at the front and right and the right and the right of the motor vehicle, and accurately manipulating the steering direction and the brake system.

Nevertheless, under the influence of alcohol, the Defendant, by negligence of not operating the operation of the brake system properly, caused the Fran-low vehicle back part of the Fran-low vehicle driven by the Defendant at the intersection (38 e.g., the Defendant was shocked with the front part of the Fran-low vehicle driven by the Defendant.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of the trend that requires approximately two weeks medical treatment.

2. On April 13, 2016, the Defendant: (a) driven a car with DEX in the state of alcohol alcohol concentration of about 500 meters from the parking lot for the Geum-gu apartment in Daegu Northern-dong, Daegu-gu, Daegu-gu, to the same place as that set forth in paragraph (1) above; (b) the Defendant was under the influence of alcohol level of 0.163% from the 500-meter section to the place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a report on detection of drivers in the main place, on-site photographs, and on-site surveys;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), and each fine (the defendant is punished for driving under drinking only once around 200).