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(영문) 광주지방법원 목포지원 2015.06.02 2015고정182

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On October 26, 2014, at around 14:25, the Defendant driven a c1 ton truck with blood alcohol content 0.163% under the influence of alcohol at approximately 2km from the 2km section to the front way of the entrance of the farm village in the Dongan-gun, Yongan-gun, Yongan-gun, Seoul-gun, U.S., and then drive a c1 ton truck with blood alcohol content 0.163%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a cargo vehicle of C1 ton;

On October 26, 2014, at around 14:25, the Defendant driven the foregoing cargo vehicle while under the influence of alcohol, and led to the Defendant to drive the said vehicle along a one-lane in the vicinity of the entrance of the Yongsan-ri farm village in the Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul-do.

At the same time, the victim D (the 41 year old) driven by the same direction, and therefore, the driver of the motor vehicle had a duty of care to thoroughly set the front time and secure a safe distance.

Nevertheless, the Defendant was negligent in driving in the vicinity of the vehicle under the influence of alcohol and received the back panion of the victim's driver's vehicle due to the cargo vehicle of the Defendant's driving.

After all, the Defendant suffered from the injury of the victim D and the victim F (the 71-year old), who was the Easter of the victim and the victim vehicle, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

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