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(영문) 대전지방법원 2016.01.27 2015고단3851
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

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 a person engaging in driving C automobiles.

On November 3, 2015, the Defendant driven the above vehicle on November 23:24, 2015, and led to the left-hand turn at about 30 K km each hour between the four-lanes in the hot spring basin and the cultural center, along the two-lanes.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering system, brakes, and other devices of the motor vehicle.

Nevertheless, the Defendant neglected to do so and received the part adjacent to the left-hand side of the victim D(60) driving in the signal waiting in the direction opposite to the Defendant’s vehicle’s running by the occupational negligence, which is going beyond the central line due to the operation of the hand in red state, while under the influence of alcohol content of 0.17%.

As above, the Defendant driven a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of alcohol, and suffered injury, such as the bones, bones, salt, etc. requiring approximately two weeks medical treatment, to the victim.

2. Around November 23:24, 2015, the Defendant driven a C-car under the influence of alcohol concentration of about 0.177% from the 300-meter section to the 2nd road of the same kind located in the same Gu’s cultural center, from the road in front of the mutual infinite finite, located in the hot spring as a hot spring in the large exhibition basin.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A survey report on actual condition, a report on detection of a driver engaged in driving, a report on the circumstances of the driver engaged in driving, and an inquiry report on the control of drinking;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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