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(영문) 대구지방법원 경주지원 2016.06.08 2015고단1003
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. On October 24, 2015, the Defendant violated the Road Traffic Act (divated driving) driving a BN driver car at around 04:03, while under the influence of alcohol with approximately 400 meters alcohol content 0.154% from the 400-meter section to the terminal distance in the same Dong and Dong.

2. The defendant is a person engaged in driving the above fourth driver car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

Defendant 1 driven the same car while under the influence of alcohol as above at the time of the above day, and proceeded two lanes from the four-lane distance on the side of the Western-si, Seo-gu, Seo-si to Seocheon-do at the speed of about 60km.

At the time, since it was at night and at the same time an intersection where signal is installed, there was a duty of care to protect a person engaged in driving of a motor vehicle from accidents by putting on the front door and driving safely according to traffic signals.

Nevertheless, as seen above, the Defendant was negligent in driving under the influence of alcohol and due to the negligence of entering the intersection of the red signal, in violation of the signal, and thereby making it difficult for the Defendant to drive the car at the front of the Defendant’s driving car. The front part of the victim C(47 S) driving car, which was going to the left left from the right edge of the bus of the race bus from the right edge of the race bus.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of Acts and subordinate statutes to the report on the occurrence of a traffic accident, the report on actual condition survey, eight copies of photographs, the report on the circumstances of the driver placed in the main place, the report on the detection of the driver

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury or injury to the driving of danger and the selection of fines) on criminal facts, and Article 5-11 of the same Act.

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