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(영문) 대전지방법원 천안지원 2014.02.07 2013고정1262
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 a vehicle BM3 vehicle volume.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to drive a two-lane road of the 74-8-lane Do in the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seoul in the direction of the culture and art center in the direction of the culture and art center, while under the influence of 01:42% of alcohol level from blood alcohol level around 01:0,01.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as reporting the traffic situation well, accurately operating the steering gear, etc.

Nevertheless, the defendant is negligent in doing so and is proceeding.

Under the influence of alcohol, the telegraph in the left-hand side of the Defendant’s vehicle was considered to be the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury, such as injury to the bridger C, which requires approximately two weeks of medical treatment by occupational negligence as above, and injury to the bridger C, such as the bridge’s dynasium and tension, which requires approximately two weeks of medical treatment.

2. Around 01:42 on 24, 2013, the Defendant driven the said vehicle at a distance of about 300 meters from the front of the New Cambling cafeteria located in the Seo-gu, Seoan-gu, Seoan-gu, Seocheon-si, Seocheon-si, to the front of the road at the 74-8th Embri in the same Eup while under the influence of alcohol with a blood alcohol concentration of 0.29%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written report from an employee of an employer;

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) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1.Article 40 of the Criminal Code of Trade and Trade.

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