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(영문) 대전지방법원 2014.01.27 2013고단3105

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of COperational Motor Vehicles.

1. Around 04:40 on June 27, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death and Injury) and the Road Traffic Act (Dangerous Driving) and the Defendant driven the said car with alcohol concentration of 0.108% on blood on the same day, and, at the speed of about 55 KK along that of the Seo-gu Seo-gu, Daejeon along the direction of the direction of the direction of the passing along the intersection, along the two-lane road.

At this point, the intersection is divided into a yellow line along which signal lights are installed and that is, the center line is divided into a yellow line. In such a case, the driver has a duty of care to prevent accidents by safely driving according to the traffic signal and prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant is negligent in driving in a state where normal driving is impossible, and the Defendant is proceeding at the same speed even though the signal is a stop signal.

The left side part of the E-si in the signal atmosphere at one-way direction, the right side part of the F-Driving G taxi, and the front part of the H driver's I taxi's right part of the H driver's I taxi was able to receive the front part of the H driver's vehicle in the front part of the H driver's vehicle.

Ultimately, the Defendant suffered injury to the victim J(25 years of age) who was on board a car in the U.S. drive by the Defendant due to the above occupational negligence, such as a bad faith, and a complete escape from the side of the arm’s length, which requires about four weeks medical treatment.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and violation of the Road Traffic Act (Aggravated Punishment, etc. of Accidents) at the same time, at the same place, and the victim D (age 45) due to the above occupational negligence, need to be treated for approximately two weeks.