(영문) 대전지방법원 천안지원 2016.10.14 2016고단1534

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(영문) 대전지방법원 천안지원 2016.10.14 2016고단1534

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

1. On June 30, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said A-to-purd vehicle with a blood alcohol concentration of 0.132% under the influence of alcohol on June 30, 2016, and led the Defendant to drive the said A-to-purd vehicle with a four-lane radius in front of the Seo-gu, Seoan-gu, Seoan-gu, Incheon Metropolitan City along with a four-lane speed,

At all times, there was a private-distance intersection where signal lights are installed in the front side, and in the front direction of the defendant's proceeding, other vehicles were in progress. In such a case, there was a duty of care to thoroughly see the front direction of the course to a person who is engaged in driving of a motor vehicle, observe the safety distance with other vehicles, and accurately manipulate the steering direction and brakes of the motor vehicle to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant, by negligence while neglecting the duty of front-time care and driving in the front direction of the Defendant, suffered injury to the victim D(the age of 47) who temporarily stops in the front direction of the traffic signal in the direction of the Defendant, by taking the back part of the victim D(the age of 47) driving car into front of the Defendant’s driver’s vehicle and causing about two weeks of medical treatment to the victim due to the shock.

As a result, the Defendant driven a vehicle in a state where normal driving is difficult due to the influence of drinking, thereby causing injury to the victim.

2. Around 02:52 on June 30, 2016, the Defendant driven a motor vehicle with blood alcohol concentration of at least 0.132% in a section of about 10km from the 29-1st road in Seo-gu, Seoan-gu, Seoan-gu, Seoan-si to the roads in front of Seoan-gu, Seoan-gu, Seoan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report, the map and each photograph of 1.1.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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