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(영문) 대전지방법원 홍성지원 2013.07.26 2013고단426
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

The defendant is a person who is engaged in driving a Bran XG car.

On April 26, 2013, at around 20:18, the Defendant driven the said car with a blood alcohol concentration of 0.142% 0.1%, and continued to drive the said car, leading the road in front of the 119 fire brigade in Chungcheongnam-nam Budget-gun, Chungcheongnamsan-gu, Chungcheongnamsan-do, Eupnsan-do, 119 fire brigade, under the influence of alcohol.

At the time, there are nights, where there is a center line of yellow solid lines, and in this case, the person engaged in the vehicle driving duty has a duty of care to see the front left, accurately operate the operation and steering gear, and safely drive the center line in order to prevent accidents in advance.

Nevertheless, the Defendant neglected to drive a motor vehicle under the influence of alcohol while it is difficult for him to drive the motor vehicle normally due to the influence of alcohol and neglected to do so, and went beyond the center line to the opposite direction from the vehicle line opposite to the Defendant, which was driven by the victim C (Ar. 59 years old) who was driving in the opposite direction.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A traffic accident report and a traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

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

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the amounts);

1. Articles 70 and 69(2)1 of the Criminal Act to attract a workhouse;

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