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(영문) 전주지방법원 2016.01.12 2015고정930
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is the driver of a leisure vehicle owned by the Defendant.

On July 23, 2015, the Defendant made a left turn to the left two-lanes of the two-lanes in the direction of superior from the color length distance, while the Defendant is unable to drive normally at 0.215% alcohol level during blood transfusions.

There was one ton truck, which was proceeding at the later side of the first lane at the time.

In such cases, when a person engaged in driving of a motor vehicle intends to change course, he/she has a duty of care to change course without impeding the normal passage of another motor vehicle driving in the direction of the change.

Nevertheless, the Defendant neglected this and changed the course into one lane as it is, and the Defendant shocked into the front side of the vehicle driving by the Defendant on the right side of the victim C(W, 47 years old) driving in the same direction.

As a result, the Defendant suffered from occupational negligence the injury to the victim C, such as catum salt, fat, etc. requiring approximately two weeks of treatment to the passenger E (V, 53 years of age) of the sea-going vehicle E (V, 53 years of age).

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the above ready-light vehicle at a section of about 5 km from the day before the beer house to the day of the domination of the tin in the same color-dong in the Jeoncheon-gu, Samcheon-gu, Jeonju-si while under the influence of alcohol leveling 0.215% of the alcohol level among the blood transfusion at the same time on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A traffic accident report, an accident scene, a vehicle photograph, and a report on the occurrence of a traffic accident;

1. A report on the occurrence of a crime and an investigation report;

1. A report on the detection of a driver who is engaged in driving, a report on the circumstances of the driver who is engaged in driving, and a driver of drinking;

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