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(영문) 대구지방법원 서부지원 2014.06.25 2014고정511
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

The defendant is a person engaging in driving a PP car.

1. Around 17:40 on April 28, 2014, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.156% from the 1km section from the roads front of the comprehensive monthly market in the Daegu Seo-gu, Daegu-gu to the roads front of the same gender of the same Gu.

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 a blood alcohol concentration of 0.156% on the date and time set forth in Paragraph 1, but it was difficult to drive the said vehicle normally, the Defendant driving the said vehicle and driving the said vehicle into the two-lanes of the two-lanes of the two-lanes of the two-lanes of the road in front of the sexual sular road located in the Seongdong-gu Incheon Metropolitan City.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front section and the left and right of the motor vehicle and accurately operating the steering gear.

Nevertheless, the Defendant neglected to drive normally under the influence of drinking, and neglected to do so, and was negligent in driving at the front of the signal air at the same time, and took part of the back part of the DNA rental car operated by the victim C(the age of 47) who was in the front of the signal air at the front of the vehicle.

As a result, the Defendant suffered injury such as cerebral dynasty which requires approximately two weeks of medical treatment due to occupational negligence in driving a car as above while normal driving is difficult due to influence of drinking.

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 to the written diagnosis of victims;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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