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(영문) 대전지방법원 천안지원 2013.05.30 2013고정359
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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) and the Road Traffic Act is a driver of a passenger car in B s

On December 29, 2012, the Defendant driven the said car with the alcohol concentration of 0.154% around 00:15, while under the influence of alcohol around 00:15 on December 29, 2012, and was driving ahead of the Jeju 11 Complex apartment road located in the west-gu, Seoan-gu, Seoan-gu, Seoan-gu.

In this case, the driver of the vehicle has a duty of care to prevent the accident by driving the vehicle safely by taking the front side and the left side well.

Nevertheless, the Defendant’s negligence of operating a vehicle under the influence of alcohol, which led to the collision of the part of the victim C(22 years old) driving with the front part of the vehicle in the Spati-type drive of the victim C(22 years old).

Ultimately, the Defendant neglected to perform his duty of care such as driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victim, such as dynasium and tensions, which require approximately two weeks of treatment, and at the same time damaged the k5-motor vehicle repair cost of KRW 1,910,630, such as a backper, etc.

2. The Defendant violated the Road Traffic Act (driving) and the Guarantee of Automobile Accident Compensation Act at the time and time set forth in paragraph (1) of this Article, driving a vehicle of B Sti-type without mandatory insurance in the state of alcohol with a blood alcohol content of about 0.154% at a section of about 1km from the front of the Jeju 11 apartment complex located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, in front of the mutual influent restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. A report on detection of a host driver;

1. Report on the circumstantial statements of a drinking driver, and the punishment list of the death or injury caused by dangerous driving;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Criminal facts;

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