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(영문) 대전지방법원 천안지원 2014.04.03 2013고정1325
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a press van B.

On October 21, 2013, at around 20:20, the Defendant driven the above mick with alcohol concentration of 0.156%, while under the influence of alcohol around 20:20 on October 21, 2013, and was proceeding from the parallel parallel with water in the East-gu, East-gu, Sinan-gu, Sacheon-si, Sacheon-si, Sacheon-si to the

Since there is no signal apparatus, there was a duty of care to prevent accidents by driving a person engaged in driving of a motor vehicle in a safe manner by safely driving the traffic situation.

Nevertheless, the Defendant, under the influence of alcohol, conflicts with the part front of the victim C(36 years of age) driving DK5 automobiles, which was driving in the east of the east of the east of the east of the said west, with the front side of the said west.

Ultimately, the Defendant was negligent in neglecting his duty of care as a driver of a motor vehicle while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and the Defendant suffered from the victim C and the victim E (the 37 years old) who boarded the motor vehicle, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident statement A and C;

1. Investigation report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, drug map, photograph, the ledger of usage of a drinking measuring instrument, report on detection of a drinking driver, report on the circumstances of a drinking driver, on-site investigation of a dangerous driving accident, driver's license register, vehicle44, and mandatory insurance association;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competitive Act (trades against the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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