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(영문) 광주지방법원 2015.04.02 2015고정113
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

On November 10, 2014, the Defendant is a person driving B-2 cargo vehicles. On November 10, 2014, the Defendant driven the above cargo vehicles under the influence of alcohol level of 0.172% at the 07:30% of alcohol level, and the three-lane distance ahead of the front door of the East East East East East National University at the speed of about 40-50 km as soon as possible in the direction of the right-hand right-hand turn-hand turn-hand turn-hand turn-hand side of the two-lane road at the right-hand side of the

The Defendant, even though he had a duty of care to prevent accidents by safely reporting the traffic situation at the time and driving safely, is unable to properly handle the steering gear, brakes, etc. of vehicles normally due to drinking.

After receiving the back part of the DNA car driven by the victim C (ma, age 42) who was waiting and stopped to turn to the left at the right edge of the same lane, the back part of the DNA car was driven by the driver, and continued to proceed and stop at the luminous station located on the right side.

After all, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim C, such as cerebral salkys and salkines, which require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police statement;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. The circumstantial report, the circumstantial report, and the investigation report (whether or not applying the crime of death or injury resulting from dangerous driving)

1. A medical certificate;

1. Application of each traffic accident evidence and photographing statute;

1. Article applicable to criminal facts;

(a) Point of dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. The driver shall be deemed to have caused a traffic accident while driving a motor vehicle while the defendant who is selected to give an alternative fine is fully in operation;

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