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(영문) 대전지방법원 천안지원 2014.06.27 2014고정472

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 February 1, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was fluording in the state of alcohol 0.123% of blood alcohol concentration at around 3:00. The face was red, snow was fluorous and easible, and it was inaccurate that the state of snow is shock and drinking, and even though it was a bluorous distance, the Defendant was proceeding at a speed of 40 km per hour at the front of the corporate bank located in the bluoral distance where the car fluor is visible by driving the Bluor car, even though it was in a state of a bluorous distance.

At the same time, at night and at the right edge of the road, the victim C(n, 41 years old) stops the D-to-purd passenger vehicle driven by the victim C(n, 41 years old). In such a case, the person engaged in driving service has a duty of care to ensure safe operation by accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and proceeded along as it was, and the front side of the damaged vehicle stopped on the front side of the direction of the proceeding led to the front side of the victimized vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as damage of the head part requiring medical treatment for about two weeks.

2. Around 3:00 on February 1, 2014, the Defendant driving a B-low-income vehicle under the influence of alcohol content 0.123% in a section of approximately 30 meters from the 30-meter radius to the front road of a corporate bank located in the same Ri, in the city of Agsan-si, Agsan-si, Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. Three copies of a medical certificate;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Application of each Act and subordinate statutes, 9 on site photographs;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.