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(영문) 대전지방법원 천안지원 2013.09.06 2013고정590
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. Around 19:55 on January 15, 2013, the Defendant driven a balksaw car in the state of alcohol alcohol concentration of about 0.205% in the section of about 100 meters from the 100m to the road in front of the French commercial district, Seo-gu, Seocheon-gu, Seocheon-gu.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the Defendant at around 19:55 on January 15, 2013, with a blood alcohol concentration of 0.205% under the influence of alcohol.

Although the defendant was smelled and was unable to properly hold his body, the above vehicle was driven by about 30 km per hour from the side of the 2-lanes in the French East-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, the two-lanes in the direction of the French commercial area.

The place is in which yellow solid lines are installed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and safely drive the motor vehicle in order to prevent accidents in advance.

Nevertheless, while under the influence of alcohol, the victim C (Nam and 44 years old) who was at the center line and stopped in the signal atmosphere at the opposite lane, caused the front side of the car driven by the defendant driving vehicle to be the front side.

The Defendant suffered injury to the victim, such as brain, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and C preparation;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. A fine provided for in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and each selection of a fine for a crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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