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(영문) 대구지방법원 서부지원 2014.05.23 2014고정396

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

1. A summary on April 8, 2014 that the Defendant violated the Road Traffic Act (driving) and located in the principal Dong-dong, Seogu, Daegu on April 21, 2014;

From the front of the main road to the Gumagas filling station in Daegu-gu-ro, one ton cargo vehicle B1 ton under the influence of alcohol 0.193% under the influence of alcohol on the section of about 100 meters from the front of the main road to the front of the Gumagas filling station in Daegu-gu-gu-ro.

2. On April 8, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the above Poter Cargo with a 0.193% alcohol concentration under the influence of alcohol around 21:45 on April 21, 2014, and led the road front of the Gumagas filling station located in the Gangseo-gu, Daegu-gu, to the reduction four-distance flood protection area from the riol-gu.

At the time, there was a vehicle that stops in the signal atmosphere, so in such a case, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the front door and the left and right while driving the vehicle in a clean mind at all times.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive under the influence of alcohol while making it difficult for the Defendant to drive the vehicle normally, and caused a stop signal due to the negligence of the Defendant’s failure in driving, which led to a collision of the victim C (the age of 57) driving who was in the atmosphere of the signal, and collisions with the part of the Defendant’s truck in front of the truck.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered from the victim E (the 51 years old) who is the passenger of the victim C and the same passenger of the said Lone Star Co., Ltd. (the 51 years old), respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;