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(영문) 광주지방법원 목포지원 2014.09.01 2014고단758
특정범죄가중처벌등에관한법률위반(위험운전치사상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a passenger car B.

On March 15, 2014, the Defendant driven the above vehicle while under the influence of alcohol of 0.142% of blood alcohol concentration around 18:50 on March 15, 2014, and proceeded the quantity of the vehicle at the speed of 0.142% on the road in front of the entrance of an mountain tunnel to the shooting distance from the front side of the Hopo Airport.

The two-lanes are two-lanes, and the amount of the victim C(Nam, 43 years old)'s D car driving driven prior to the time is in the atmosphere of the signal, so the driver had a duty of care to prevent accidents in advance by safely examining the front side and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to drive a car in a state where normal driving is difficult due to the above influence of drinking, and neglected to do so, and the lower half of the victim's driver's vehicle's driver's license was handed down as the front part of the Defendant's B car.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the victim C, the injury of base and tensions of sculpons and tensions, the injury to the victim E (V, 38 years old) of the victimized vehicle, the injury to the victim F (V, 11 years old) of the damaged vehicle requiring approximately two weeks of medical treatment, the injury to the base and tension of the damaged vehicle, and the injury to the victim G (V, 75 years old) of the damaged vehicle requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and on-site photographs;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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