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(영문) 전주지방법원 2015.09.08 2015고정638
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

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 drives B.

On April 28, 2015, the Defendant driven the said vehicle in a state where it is impossible to drive the vehicle normally due to the alcohol level of 0.126% of the blood alcohol level around 22:00, while driving the said vehicle, and driving the distance in front of the Slunsan-gu, Seoul Special Metropolitan City in front of the Plundo.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brake system, preventing accidents and safely driving the motor vehicle in advance.

Nevertheless, the Defendant neglected this and caused the part behind the victim C (the 36-year-old driver’s license) driving of the victim C(the 36-year-old driver’s license) driving to take part in the front part of the Defendant’s vehicle, and the above multi-vehicle was pushed in the future, and the part behind the E-driving driver’s license signaled to the front part of the Damm vehicle.

As a result, the Defendant suffered injury to the Dama vehicle driver C (the 45-year-old) by chilling chills and tensions that require treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the same time and time as the above 1.1.26% of blood alcohol level, the Defendant driven the above-learning vehicle from a 3km section from the front side of a sloping-dong in the Jeoncheon-gu Seoul Metropolitan City to the place where the said accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, vehicles and on-site photographs;

1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, a appearance, appearance, language, attitude and attitude of a drinking driver, a report on risk driving, and a drinking tester;

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