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(영문) 전주지방법원 정읍지원 2014.02.11 2014고정4

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle from B to his duties.

On October 4, 2013, the defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes") (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes") proceeded with the first road in front of the Busan Northern Village located in the Seosan-ri

At the time, the place was the center line of yellow solid lines.

In such cases, a person who is engaged in driving of a vehicle shall always pass from the center line to the right side in a clear spirit, and has a duty of care to keep the center line arbitrarily.

Nevertheless, the Defendant, on a straight line with a width of 6.4 meters, was under the influence of alcohol to the extent that normal operation of blood alcohol concentration of 0.173% is impossible on the road, and the Defendant was in the front part of the left-hand side of the DNA high-speed car driven by the victim C(E.52 years old) who is normally underway in line with the direction of the vehicle driving.

This defendant's negligence caused injury to E (V, 54 years old) who was on board the above C and damaged vehicles due to his occupational negligence, such as multi-drheat typile typry which requires treatment for about two weeks.

B. The Defendant violated the Road Traffic Act (driving) driving approximately 4 kilometers from the street to the street in front of Samsan Village, in the condition of under the influence of alcohol with 0.173% of the blood alcohol concentration at a time, such as the preceding paragraph, at a time as set forth in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;