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(영문) 대전지방법원 홍성지원 2014.09.17 2014고정189

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is engaged in the business of driving Category C Ⅱ trucks.

1. On June 11, 2014, the Defendant was driving CPoter Ⅱ while under the influence of alcohol content of 0.222% by blood alcohol content from the street in front of the inletegroid in order to ensure that the Defendant was under the influence of alcohol content of 0.32% in the form of a gold-gun in order to ensure that the Defendant was under the influence of alcohol content of 0.22%.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above vehicle around 10:30 on June 11, 2014, the Defendant proceeded about about 70km from the intersection of the intersection to the intersection of the intersection of the intersection by driving the two-lane road under the latitude of the Geumsung-gun, Hongsung-gun, Hongsung-gun.

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 has a duty of care to prevent accidents in advance by driving a motor vehicle safely, such as making a good report on the traffic situation, accurately manipulating steering equipment, etc.

Nevertheless, while neglecting this, the defendant found the E-Ba car driven by the victim D (the age of 69, the remaining) who is driving in the same direction, late and operated the E-Ba car, but the defendant did not avoid the situation, and did not see the part of the damaged vehicle and concealed the part of the damaged vehicle behind the vehicle.

As a result, the Defendant suffered injury, such as salt dynasium, which requires approximately two weeks of treatment by occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. On-site photographs;

1. A written report from an employee of an employer;

1. A report on the actual status of a host driver;

1. Requests for appraisal of blood alcohol concentration;

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

1. Relevant legal provisions concerning facts constituting a crime and the point of driving under the option of punishment: The point of causing danger driving under Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;