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(영문) 대구지방법원 김천지원 2014.12.17 2014고정569
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C Freight Vehicles.

1. On March 30, 2014, the Defendant: (a) around 01:00 on March 30, 2014, the Defendant was driving a motor vehicle while under the influence of alcohol due to the blood alcohol concentration at the Hannuri apartment 203 Ro-gu, Goi-gu, Gosi-si, Gosi-si, which is in the influence of alcohol; (b) but (c) but was driving the motor vehicle by making the left-hand turn from the edge of the ro

There are three-distance crossings without the signal arrangement, and there are other vehicles already entering the intersection and making a left-hand turn.

In such cases, the driver has a duty of care to yield the course to other vehicles that entered the ship and to safely turn to the left.

Nevertheless, the Defendant neglected this and interfered with the left-hand turn part of the victim D(125cc old) driving from the right-hand turn to the right-hand turn, which is the first left-hand part of the cargo vehicle and the left-hand turn-hand turn.

The Defendant suffered injury to the victim, such as kneekne’s standing, which requires approximately three weeks of treatment due to such occupational negligence.

2. On March 30, 2014, at around 02:09, the Defendant requested for a drinking test on three occasions on the grounds that there is considerable doubt that the Defendant, who was dispatched after receiving a traffic accident report within G DistrictF on the said grounds, was found to have driven under the influence of alcohol within the G District. However, the Defendant refused a drinking test without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Partial statement of the witness J;

1. Partial statements of each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Traffic accident reports, reports on the actual state of a driver, records on the use of a drinking measuring instrument, and records on actual condition;

1. A medical certificate;

1. Application of on-site photographs and the Acts and subordinate statutes rejecting measurement.

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