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(영문) 대전지방법원 천안지원 2015.10.02 2015고정410
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

The defendant is a person who is engaged in the driving of a cargo vehicle B.

On August 24, 2014, at around 21:20, the Defendant driven the fluoral vehicle while driving the fluoral vehicle under the influence of alcohol concentration of 0.163% from the right edge to the fluoral distance from the fluoral distance.

At the time, night and there was a large distance of vehicle traffic. In such a case, there was a duty of care to prevent accidents by properly manipulating the steering staff of the vehicle and properly manipulating the steering gear.

Nevertheless, the Defendant neglected this and failed to properly operate the steering and steering system under the influence of alcohol as above, and due to the negligence of not operating the steering and operating the steering system properly, the Defendant got the back part of the FSP car driven by the victim E (the age of 23) who was standing in the front direction of the Defendant’s driving.

As a result, the Defendant driven the cargo in a state where normal driving is difficult due to influence of drinking, such as being unable to take a red and normal walk, and thus, suffered injury to the victim, such as cerebral ley which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by E;

1. Entry of the traffic accident report, actual condition survey report, the employment report, the report on the state of employment drivers, the report on the state of employment, and the report on the field survey of the death or injury resulting from dangerous driving;

1. Descriptions of a medical certificate;

1. Application of Acts and subordinate statutes on images of photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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