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(영문) 대전지방법원 2013.08.29 2013고정1376
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, 50,000 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 engaging in driving a C low-priced car;

On May 27, 2013, the Defendant, while under the influence of alcohol at 0.114% of blood alcohol concentration on 21:45, the Defendant driven the said car and driven it at the speed of about 40 km at the speed of about 50 km in front of the Ganyang Public Security Center in Daejeon Dong-gu.

In such cases, a person engaged in driving service has a duty of care to live well in the traffic situation, to safely drive a motor vehicle while reducing speed, and to refrain from driving a motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant neglected to do so and proceeded in the same direction as he was able to drive the victim D(the age of 45) E, which was driven in the same direction as he did, and then received the part behind the cargo vehicle as the front part of the passenger car.

As a result, the Defendant suffered from the injury of cryp and cryp salt of the crypian which requires stability for about two weeks to the victim due to negligence in the course of business that drives a motor vehicle while normal driving is difficult due to the above drinking.

2. The Defendant violated the Road Traffic Act (driving) at the same time and place as the above paragraph (1) and driven the said vehicle from the road front of the South Korean History in the Daejeon East-dong, Daejeon-gu to the above accident site under the influence of alcohol of 0.114%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each traffic accident report;

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

1. A report on the actual state of the driver;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes governing accident photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and Article 148-2 (2) 2 of the Road Traffic Act, which apply to criminal facts;

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