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(영문) 전주지방법원 2016.05.03 2016고정79
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 24, 2015, the Defendant driven a B Poter freight vehicle with a alcohol level of 0.123% in a state where normal driving is difficult due to the influence of alcohol among the blood transfusion around 13:40 on October 24, 2015, and led the two-lanes in front of the breadth breadthed high-speed breadthed in the front city at the time of Jeonju, the two-lanes of the two-lanes in front of the breadthed high-speed breadthed in the front city at the entrance of the museum from the jurisdiction of the Gu.

In such a case, a person engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating the front door and the left door and the left door and the steering system.

Nevertheless, the Defendant neglected to do so and neglected to drive the vehicle of the victim C(31) who was parked due to the sudden breakdown before the bend of the bend in the bend in the bend in the bend in the bend in the bend, followed the vehicle of the victim C(31) who was parked in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in, and got the back part of the E-motor vehicle of the FF

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A traffic accident report, an accident vehicle and on-site photograph, and a report on the occurrence of a traffic accident;

1. A report on the use register of a drinking gauge, a report on the detection of a drinking driver, a report on the circumstances of a drinking driver, the appearance, uniform, language, attitude of a drinking driver, and a report on whether he/she is in danger of driving;

1. Re-verification photographs, such as reporting on internal accidents and height of accident vehicles;

1. Application of Acts and subordinate statutes (Evidence No. 27)

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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