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(영문) 대구지방법원 서부지원 2014.10.17 2014고정881
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. On July 12, 2014, at around 05:45, the Defendant driven the BGTS125 Oralba while under the influence of alcohol content of about 500 meters from the two-class parks located in the two-lanes of Daegu Seo-gu, Daegu-gu to the front road of the branch office in the bank located in Seo-gu, Seo-gu, Seo-gu to the front road.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol with 0.120% of blood alcohol concentration as above at the time stated in Paragraph 1, and was driving the above Oral Sea with three-lane roads in front of the point of a party branch in the Daegu Seo-gu Bank located in Seo-gu, Seo-gu, Seo-gu, along the two-lane distance flooded from the two-lane distance flooded from the south Pyeong-gu.

At the time, the defendant was a passenger on the off-to-land operated by the defendant, so in such a case, he had a duty of care in advance to prevent accidents by accurately operating the off-to-land system and by accurately operating the off-to-land system.

Nevertheless, the Defendant neglected to do so and failed to properly handle Otoba while under the influence of alcohol, and caused the victim C(22 years of age) who was on board the ship to fall off on the road.

As a result, the Defendant driven the above Oralba while it is difficult to drive normally due to the influence of drinking, and suffered bodily injury such as the right satisfaction and the alley to the right side in need of treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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