(영문) 대전지방법원 2017.06.09 2017고단1204

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(영문) 대전지방법원 2017.06.09 2017고단1204

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 a DM5 car.

On March 8, 2017, the Defendant was under the influence of alcohol content of 0.161% during blood transfusions around 01:15, and the Defendant was driving the said car, and 39 km away from the direction of 39 km on the Honam Branch Highway located in Daejeon Seosung-gu.

Since this is a highway installed as a central separation, there was a duty of care to operate normally according to the right side of the road to a person engaged in driving.

Nevertheless, under the influence of alcohol by neglecting this, the Defendant was negligent in driving the steering gear on the left side by operating it on the same direction and driving the steering gear on the same direction. On the other hand, the Defendant was led to the front part of the victim E(39 years old) driving in the direction that the Defendant was driving on the same direction.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s injury to the victim, such as salt, tension, etc. of the parts necessary for two weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Descriptions of a medical certificate;

1. Application of Acts and subordinate statutes stating the notification of the result of regulating drinking driving;

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. Aggravation of concurrent crimes (to the extent that the total amount of the crimes above is added up) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason behind sentencing of Article 334(1) of the Criminal Procedure Act, and the risk of the instant crime, is extremely high.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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