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(영문) 대전지방법원 천안지원 2013.06.27 2013고정429
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol on January 30, 2013 at KRW 0.127% of alcohol concentration in blood, and the Defendant was under the influence of alcohol on January 30, 2013, and the Defendant was under the influence of drinking, snow and face with red strawing, and the horses divided by the horses, but the Defendant was under the influence of driving the vehicle B at a two-way direction on the side of the B B-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

At the time, the defendant had a duty of care to safely drive in order to prevent the accident from being well observed in the way that he/she intends to move, since he/she is driving on a one-lane road in which the center line of yellow solid lines is installed.

Nevertheless, the defendant neglected to do so and is driving.

Central line is invadedd and is proceeding.

At this time, the side part of the driver's seat of the victim C(59) who was stopping on the front side of the entrance of the mobilization metal at the left side of the defendant's moving direction was shocked by the front side of the defendant's vehicle.

Ultimately, the defendant is driving a motor vehicle in a situation where it is difficult for him to drive due to influence of drinking.

In the above occupational negligence, the victim C suffered from an injury to the base and tension of the sculatory base and tension, sculatory base and tension, sculatory base and tension, and tension.

2. Around 23:40 on January 30, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.127% 0.127%, and the Defendant was driving a B-to-purd vehicle at the section of approximately 1 km from the day before a cafeteria under the trade name in B-to-day in the instant case of Asan-si to the day before the front of the same e-grademy metal.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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