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(영문) 대전지방법원 천안지원 2014.11.27 2014고정925
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a B driver car;

On July 1, 2014, at around 00:00, the Defendant driven the above vehicle while under the influence of alcohol of 0.112% of blood alcohol concentration, and made the intersection of the two-lane distance in front of the two-lanes located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-do to turn to the left at one-lane from the direction of the new intersection, and at the same time, the signal was on-and-off.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and a person engaged in driving a motor vehicle shall make a good report on the traffic situation, and accurately manipulates the steering direction, brakes, etc., and in particular, if a vehicle is in a direct position prior to entering the intersection, he/she has a duty of care to yield the course to prevent accidents.

Nevertheless, the defendant's failure to fulfill such duty of care is left left without fault.

Defendant

On the other hand, the victim C (ma, 58 years of age) who was directly driven by the victim C (mainam, 58 years of age) at a one-lane in the direction of the proceeding conflict with the front part of the vehicle driven by the defendant, and the victim suffered a chest self that requires about four weeks of medical treatment.

2. Around 00:00 on July 1, 2014, the Defendant driven a vehicle under the influence of alcohol by approximately 500 meters at a distance of about 00 meters for the two-way roads of the Yanancheon-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seoul, under the influence of alcohol by 0.112% in blood alcohol concentration in front of the two-way roads located in the Yancheon-gu, Seoan-gu, Chungcheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of a traffic accident;

1. The actual condition survey report, traffic accident occurrence report, site map, field photograph, site photograph, report on detection of the primary driver, and the circumstantial statement of the primary driver;

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