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(영문) 대전지방법원 천안지원 2013.12.19 2013고정996

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

On March 31, 2011, at around 19:45, the Defendant 19:45 minutes of the blood alcohol concentration, 0.184% of the horses, which are under the influence of alcohol, was fluened, and the Defendant was unable to hold his body well, and the face was very rough, fluorous, sn, and fluorous, fluorous, and fluorous, and the Defendant was trying to make any operation of hand in a red entry, and the Defendant was unable to fluore the causes of the accident, but he was unable to fluort B25 tons of the fluor truck, which is at the speed of about 30 km in speed in the speed of 30 km in the speed of two lanes in the speed of the 3-lane, a eluscul in the front side of the eluculation.

When a driver intends to change a vehicle, he/she has a duty of care to change the vehicle line after checking the safety of the vehicle line that he/she intends to change the previous, rear, and left and right.

Nevertheless, due to the negligence of changing the two lanes from the two lanes to the one lane, the victim C is driving the victim C in the same direction, and the two wheels was shocked by the front part of the driver's left side of the vehicle, after driving the victim C in the same direction.

The Defendant suffered, due to the above occupational negligence, the victim and the same passenger E 40 years of age, from the injury of finites, etc. in need of two weeks of treatment, while the Defendant suffered from the injury of finites.

In operating as above, the vehicle under the influence of alcohol content of about 500 meters at a section of about 39 m2, which is located in the same west from the street in front of the rapid cargo parking lot in Chungcheongnam-si, Chungcheongnam-si through the accident point, was driven under the influence of alcohol by 0.184% of the blood alcohol concentration of 0.184%.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to traffic accident reports, report on the circumstantial statements of a drinking driver, report on detection of a drinking driver, and medical certificate;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.