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(영문) 대전지방법원 천안지원 2013.12.05 2013고정1008
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving freight cars.

On May 31, 2013, at around 01:00, the Defendant was under the influence of alcohol with 0.179% of alcohol alcohol concentration, and the Defendant was under the influence of alcohol to the extent that he is unable to properly hold his body, such as smelling and photographing face, but driving the said vehicle, and driving the said vehicle at a speed of about 30 km in speed from the opening of the two-lane road in the Twit-dong of Seo-gu, Seoan-gu, Seoan-gu, Yan-gu, and facing the two-lane road near the front shooting distance, at the speed of about 30 km in speed.

In such cases, the driver of a motor vehicle has a duty of care to prevent a traffic accident in advance by safely driving the motor vehicle when the motor vehicle is traveling along the intersection by reducing the speed and keeping the road well.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive normally at the same speed and continued to drive at the same speed, received the front right side of the DK5 car driving by the victim C (23 years of age, South) who had normally passed an intersection from the left side of the moving direction to the right side of the vehicle of the Defendant.

Ultimately, the Defendant by occupational negligence inflicted an injury on the victim E, such as climatic salt, which requires approximately three weeks of medical treatment, on the part of the victim F, who is the passenger of the victimized vehicle, and on the part of the victim F (the 22 years of age, the climatic salt, etc. requiring medical treatment for about three weeks, and at the same time, damaged the damaged vehicle so that its repair costs can be caused.

B. Around 01:00 on May 31, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.179%, and the Defendant driving a vehicle B column B at the section of about 30 meters from the road front of the magalter restaurant in Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu to the open zone in the same Dong and the front road.

C. The Defendant violated the Guarantee of Automobile Accident Compensation Act.

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