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(영문) 대전지방법원 천안지원 2013.09.27 2013고정875
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. Around 00:27 April 10, 2013, the Defendant driven a B observer car under the influence of alcohol concentration of about 0.118% at a section of about 500 meters from the front of a restaurant at the Yansan-dong, Chungcheongnam-gu, Yandong to the front of the Yansan-dong at the same city.

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

On April 10, 2013, at around 00:27, the Defendant proceeded at the speed of the Si speed, depending on the two-lane road in front of the two-lane cafeterias located in the Dong-gu culture dong-gu, Chungcheongnam-gu.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to influence of alcohol, and has the duty of care to safely drive the motor vehicle such as reporting the traffic situation well and accurately operating the steering direction and brake system and prevent the accident from occurring.

Nevertheless, while the Defendant neglected such a duty of care and continued to stop, the Defendant was driven by the victim C (Nam, 36 years of age) who was in the atmosphere of signaling in the front of the course of the bed while driving the Daone and the back of the bedle of the Doone and the 36 years of age.

Ultimately, the Defendant caused the victim C to suffer injury due to such occupational negligence in need of treatment for two weeks of the number of days of treatment for the fluoral and the fluoral base, and caused the victim C to suffer injury in need of treatment for the number of days of treatment for the fluoral tymopty, respectively, by getting the victim E (15 years of age), F (15 years of age), G (16 years of age, south, and H (17 years of age) who was aboard the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. Field investigation table of the case of death or injury caused by dangerous driving;

1. Photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Criminal facts;

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