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(영문) 대전지방법원 천안지원 2015.04.30 2015고정70
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B carren vehicle.

1. On November 3, 2014, 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 by 0.217% from blood alcohol concentration around 20:50 on November 3, 2014, and the Defendant was in the state of being able to drive normally due to shock, heavy snow snow and heavy walking, but was in the state of being unable to drive normally, on the other hand, two-lanes of the two-lane road in front of the Egypt, which is located in Asan City Pung-si, due to driving of the said vehicle.

At the time, the Defendant was at night and the Defendant was in a direct progress, so in this case, the person engaged in driving service had a duty of care to ensure the safety of the course and to drive safely by accurately operating the steering right and the steering gear, and accurately operating the steering gear.

Nevertheless, due to the negligence of the Defendant’s failure to stop in the front side of the vehicle, the Defendant received the front side of the cargo vehicle from the Defendant, as Dribero, the victim C (the age of 43) who was standing in the front side of the vehicle.

As above, the Defendant, while driving in a state where normal driving is impossible due to the influence of drinking, was in violation of his duty of care and sustained injury, such as crypitis which requires two weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) driven the above B car with the blood alcohol concentration of 0.217% under the influence of alcohol from the temporary border under the above paragraph (1) and from the same place to the e-mail front of the e-mail in Asan City to the e-mail.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement (simplified traffic) with C;

1. Entry of the results of the control of drinking driving, the report on the state of drinking drivers, and the report on the state of drinking drivers, respectively;

1. Each description of the medical certificate and the blood alcohol appraisal statement;

1. The image Acts and subordinate statutes of 12 copies of on-site photographs;

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