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(영문) 청주지방법원 2015.01.22 2014고정982

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

Reasons

Punishment of the crime

The defendant is engaged in driving a 1 ton of sealed cargo vehicle.

On September 21, 2014, the Defendant driven the above cargo while under the influence of 0.130% of alcohol concentration in blood on September 17, 2014, and continued to proceed from the direction of the lux village to the volcanic village in the direction of the luxe village, E adjacent to E located in the petition-gu, Cheongju-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to operate safely by accurately operating the speed change and brake system on the road.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this and neglecting the operation of the foregoing cargo vehicle due to negligence, caused the above cargo vehicle to be pushed back, and caused the victim F.F. (G) who was proceeding subsequent to the above cargo vehicle, was shocked with the part of the cargo vehicle to load the above cargo vehicle.

Ultimately, the Defendant driven the above cargo vehicle under the influence of alcohol, such as the body distance, while driving it is difficult to drive normally due to the influence of alcohol, and suffered injury to the victim F, such as brain dynasium which requires approximately two weeks of medical treatment, and injury to the victim H (30 years of age) who was on board the above rocketing car, such as cynasium in need of medical treatment for about two weeks of medical treatment, and suffered injury to the victim I (V, 32 years of age) who was on board the above rocketing car, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Report on the occurrence of a traffic accident, report on the results of the control of drinking driving, report on the state of drinking drivers, and report on the actual condition survey;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.