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(영문) 대구지방법원 2013.05.30 2013고단1544
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of an Abdol XD car.

On October 02, 2013, the Defendant was under the influence of alcohol of 0.191% of blood alcohol concentration on 03:00,00, and even though it was difficult to normally drive the said vehicle because of the degree of non-distance from the left and right, the Defendant was driving the said vehicle and driving the vehicle at a non-speed speed from the middle East East-gu, Daegu, to the parallel of the middle East-gu, the four-lane road from the middle East-gu, Seoul, along the parallel of the said vehicle.

At the time, the signal is installed at night and at the front, so in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right and the right and the steering system of the motor vehicle.

Nevertheless, the Defendant neglected to do so and was driven by the victim B (the 63 years old) who was parked in accordance with the stop signal at the bend of the bend of the Defendant’s vehicle due to negligence, and received the part behind the rocketing taxi, which was driven by the victim B (the 63 years old).

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim and the victim D (23 years of age) who is the passenger of the said taxi respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A report on detection of a reemployed driver and a report on detection of a reemployed driver;

1. A written consent to blood collection, a report on blood collection from a drinking driver, and a report on the request for test of blood collection;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) as to the crime in the corresponding law, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.

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