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(영문) 대구지방법원 경주지원 2014.10.07 2014고정192
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 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 drives a passenger car in the course of business by stopping B.

On May 30, 2014, at around 23:48, the Defendant, while under the influence of 0.171% of alcohol level on the national highway No. 7 in front of the Modern East-dong, the Defendant, on May 30, 2014, proceeded at a speed of approximately 50km per hour on the side of the said road, from Ulsansan to the front side of the said road in a state where it is difficult to drive under normal conditions such as shaking the state of walking, smelling on the 0.171% under the influence of alcohol level.

The location is the 7-lane straight line of the 7-lane parallel of the racing side from Ulsansan to the 7-lane straight line of the 7-lane parallel of the side of the racing, and the driver of the motor vehicle had a duty of care to prevent various traffic accidents by accurately manipulating the steering gear and operating the steering gear according to the traffic situation of the location.

Nevertheless, when the Defendant neglected this and proceeds as it was, the Defendant was able to receive the front side of the damaged vehicle C sealed with the damaged vehicle C, and the rear side of the freight vehicle, which was proceeding two lanes prior to the masting.

As a result, the Defendant suffered from the injury of the injured vehicle C, the driver of the injured vehicle D(71) and the victim E(71) of the same passenger vehicle, respectively, for two weeks of medical treatment due to the foregoing negligence in the situation where normal driving is difficult due to the influence of alcohol.

2. On May 30, 2014, at around 23:45, the Defendant: (a) planned a section of approximately KRW 1km from the front street of the Matern apartment in the Materna of the Materndong-dong Eup to the front street of the Maternal Station in the same Ri and driven the vehicle volume under the influence of alcohol level of KRW 0.171%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial report of an employee;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to investigation reports (as to submission of a medical certificate and a certificate of insurance coverage);

1. Criminal facts;

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