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(영문) 대전지방법원 천안지원 2016.01.28 2015고정1113

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. On September 1, 2015, the Defendant, at around 08:15, driven a BM5 vehicle while under the influence of alcohol for about 0.132% of alcohol content at the 5km section from the road of the 1286-dong Seongbuk-gu, Seocheon-gu, Seocheon-gu to the Gasan Eup located in the Donsan Eup located in the Donsan Eup located in the Donsan-si, Seoan-gu, Seocheon-gu, Seocheon-gu, Seosan-gu.

2. The Defendant is a person engaging in driving a vehicle BM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).

On September 1, 2015, the Defendant, while under the influence of alcohol around 08:15, driven the above car, and proceeded at a speed of about 60 km from the penta-breath to the penta-si located in the Sinsan Eup/Myeon located in the Sinsan-si, Asan-si, the Defendant proceeded at a speed of about 10 km per hour from the penta-si to the special education center.

In such cases, a driver of a motor vehicle has a duty of care to ensure the safety distance with the motor vehicle in front and to prevent accidents in advance by accurately manipulating the brakes.

Nevertheless, the Defendant neglected to do so and took part of the part above the left side of the DK5 vehicle driving by the Defendant’s driver’s vehicle, which was under the influence of drinking, when it was difficult for the Defendant to drive the vehicle normally due to the influence of drinking, such as the Plaintiff’s failure to drive the vehicle, but due to the failure to drive the vehicle, etc., and due to the failure to drive the vehicle.

As a result, the Defendant suffered approximately four weeks from the above occupational negligence so that he suffered from the Defendant’s blood transfusion, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry and video of the C’s statement of traffic accident occurrence situation and map (Ma2 driver);

1. A traffic accident report (1) a report on actual condition, a report on the circumstances of a driver driving, a report on the results of crackdown on drinking driving, and an inquiry about the results of crackdown on drinking driving;

1. (2) Each description and image of the actual survey report, the occurrence of a traffic accident, and the field map;