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(영문) 대구지방법원 김천지원 2016.01.22 2015고정695
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 vehicle with C low Pest another car.

1. On October 3, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was driven by driving the said vehicle under the influence of alcohol concentration of 0.132% in the blood while under the influence of alcohol, such as a string distance, which is an extent that normal driving is difficult, such as the distance between conversations around 21:35 on October 3, 2015, and led the Defendant to drive the said vehicle at the entrance of the parking lot in Geumsan-si, which is located in the south-si, Sinsi-si.

In such cases, a person engaged in driving service has a duty of care to safely operate the steering gear by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected to do so and proceeded along as it is, by negligence, opened D at the right edge of the proceeding direction, opened as a locked door in front of the left edge of the vehicle of E-high typ, which is opened at the right edge of the proceeding direction, received the above Defendant’s low typ part in front of the upper right edge of the vehicle and the right-hand part.

The Defendant, by negligence in the course of performing the above duties, sustained from the victim F (or 23 years of age) who was on board the chief of the above damaged vehicle due to the above occupational negligence, the victim F.

2. On October 3, 2015, the Defendant driven the said vehicle under the influence of alcohol content of approximately 0.132% in blood while under the influence of alcohol, from the respective four girs in the south-si, Sin-si, Sin-si on October 3, 2015 to the place of the accident described in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, on-site photographs, and actual survey report and photographs;

1. Inquiries into the circumstantial records of drivers who take driving and the results of crackdown on drinking driving;

1. An investigation report (as to failure to submit a medical certificate);

1. Application of Acts and subordinate statutes to the emergency medical center register;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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