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(영문) 대전지방법원 2016.10.26 2016고단2722
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

1. On July 18, 2016, the Defendant was driving the said vehicle under the influence of alcohol by 0.182% from a section of approximately 1 kilometer up to the front road of the Sejong-gu Seoul Special Measures Center, Sejong Special Metropolitan City Dowon 1-3, 16, the Defendant, at around 23:24, operated the said vehicle under the influence of alcohol by 0.182% of the blood alcohol concentration in front of the new Heung Do apartment located in 16.

2. On July 18, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), like the foregoing paragraph (1) around 23:24, when driving the said vehicle while under the influence of alcohol and driving it at a speed of about 60 kilometers for the speed of about 160 kilometers in front of the Sejong-gu Seoul Special Metropolitan City Do Do 133 Do 16, along with two lanes in front of the Sejong Special Metropolitan City Do 16, the front part of the EM5 vehicle, which was driven by the victim D (the age of 33), who was in the front of the said vehicle, was in front of the above part of the Defendant’s vehicle, which was driven by the victim D(the latter part of the EM5 vehicle, which was driven by the victim D(the latter part of the EM5) due to the influence of alcohol, even though the Defendant had a duty of care to safely drive by checking well.

As a result, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. The circumstantial statement of the employee;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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