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(영문) 대전지방법원 천안지원 2014.06.12 2014고정326
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a freight vehicle B in the case of violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

On December 9, 2013, the Defendant driven the above cargo while under the influence of 0.151% of blood alcohol level around 20:20, while driving the said cargo, and led to the flow of the distance from the boundary of the Corporation to the boundary of the Triang-dong, Seoan-gu, Seoan-gu.

Since a center line has been installed, there was a duty of care to safely drive the center line by properly manipulating the steering gear.

Nevertheless, the Defendant neglected this and did not properly operate the steering gear in a state where normal driving is difficult due to the influence of drinking, caused the injury of the victim C(31 years of age) who was faced with the central line and proceeded against the opposite part of the victim C(31 years of age) driver's car by shocking the victim's hump XD car, and suffered about 2 weeks of medical treatment, such as dump, tension, etc.

2. Around 20:20 on December 9, 2013, the Defendant driving a B-be truck under the influence of alcohol with approximately 3km of 0.151% of the blood alcohol concentration from the place near the remote distance of modern motor vehicles located in the West-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, Seoan-si to the amban-si, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. Traffic accident report, actual condition survey report, traffic accident occurrence report, site map, site map, report on the main driver's license, report on the actual state of the driver's license, report on the actual state of the driver's license, on-site investigation table and on-site photo

1. Application of written estimates and written diagnosis to statutes;

1. Relevant 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 selection of fines for the crimes;

1. The Criminal Act among concurrent crimes.

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