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(영문) 대전지방법원 천안지원 2016.11.18 2016고단1841
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving motor vehicles B.

On July 23, 2016, at around 04:35, the Defendant driven the above vehicle while under the influence of alcohol with 0.190% of alcohol concentration, and led to the intersection in front of the D cafeteria located in Seoan-gu, Seoan-gu C.

Since the location was an intersection where traffic control is not performed, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as driving the motor vehicle, and operating the motor vehicle at the same time, when he/she intends to enter the intersection, and operating the motor vehicle at the same time, when he/she intends to drive the motor vehicle at the right side, he/she shall yield the course to the motor vehicle along the right side road, and operating the steering direction, brake system

Nevertheless, the Defendant, by the negligence of entering the intersection as is, was driven by the victim E (the age of 64) who was driven by the victim E (the age of 64) on the right side of the Defendant, received the front part of the left side of the YF si of the si in front of the Defendant’s driving.

Ultimately, the Defendant suffered salt, tensions, etc. from the Defendant’s occupational negligence, which requires approximately two weeks of medical treatment.

2. Around 04:35 on July 23, 2016, the Defendant driven a vehicle of 150 meters turfed B from the later two-lanes of the Ministry of Labor located in Seoan-gu, Seoan-gu, Seoan-gu, the Ministry of Labor to the front intersection of the D cafeteria as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of E traffic accidents;

1. The actual condition survey report and the circumstantial report of the plenary driver;

1. Medical certificate and blood alcohol appraisal certificate;

1. Application of statutes on site photographs;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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