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(영문) 대전지방법원 천안지원 2016.04.29 2015고단2075
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury prior to the risk) and is engaged in driving of a motor vehicle B in high-speed car.

On November 6, 2015, the Defendant driven the said car with a alcohol level of 0.163% 0.163% while under the influence of alcohol during blood transfusions around 18:55, and led to one lane in front of the construction site of the New Construction site of the Asan City, the Asan City, the law-based city, along with two intersections in Eup and Myeon.

At the time, the vehicle is at night and at which the passage of a vehicle is frequent. In such a case, a driver of the vehicle has a duty of care to prevent accidents by safely driving the vehicle by safely driving the vehicle, such as: (a) the driver of the vehicle is prohibited from driving under the influence of alcohol as above; (b) the driver of the vehicle thoroughly, and operating the steering direction and brake system of the vehicle accurately.

Nevertheless, the defendant was driving in a state where normal driving is difficult due to the influence of the above drinking, such as a red light and walking a walk, etc., due to the influence of the above drinking, and the part of the back part of the victim C (W, 44 years old) driving of the victim C (W, which was above, was placed in the front part of the above high-speed car and suffered injury, such as light fluor and tension, which require the victim to take approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a vehicle with alcohol level of 0.163% at the time and time set forth in the preceding paragraph, from around 1.5 km to the roads in front of an aesthetic restaurant located in the same city in the trade zone, to the roads prior to the construction site of the said new construction site.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on actual condition, report on the circumstances of the driver involved in driving, and inquiry into the results of regulating drinking;

1. Medical certificates and photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 (2) 2 of the Road Traffic Act.

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