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(영문) 대전지방법원 천안지원 2016.09.01 2016고정389

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving the B AWD car quantity;

At around 19:40 on January 4, 2016, the Defendant driven the above vehicle from the echeon-gu, Seocheon-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, and proceeded at a speed unspeed speed.

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 situation of anti-traffic, accurately manipulating steering devices, etc.

Nevertheless, the defendant is negligent in doing so, and the defendant is proceeding again.

Defendant

The part of the victim C(28 years of age, south) driving that was stopped on the rear side of the driver's vehicle was deld in front of the driver's vehicle quantity.

As a result, the Defendant suffered from the victim’s negligence in the above business, such as the need for a medical treatment for about two weeks, the salt, tension, etc. of the drilling.

2. Around 19:40 on January 4, 2016, the Defendant driven a blood alcohol level of approximately KRW 5km from the 407 front day of the Dobong-gu, Chungcheongnam-gu, Chungcheongnam-gu to the west-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, with a blood alcohol level of KRW 0.163% under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement on the occurrence of traffic accidents;

1. Each entry of the traffic accident occurrence report, the entry of the master-employed driver report, and the statement on the status of the driver, respectively;

1. Entry and video of the traffic accident report, actual condition survey report;

1. Entry in the ledger of use of the measuring instruments for drinking;

1. Descriptions of a medical certificate;

1. Application of each video statute of a field map and on-site photograph;

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