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(영문) 대전지방법원 홍성지원 2016.11.24 2016고정183
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. 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 motor vehicles with C

On May 3, 2016, the Defendant, at around 00:10, operated the said car at a speed of about 20 km from the right side to the Do government, depending on the two-lanes in front of the apartment, in the condition that it is difficult to drive the car normally due to the influence of alcohol by 0.123% of the blood alcohol concentration.

In this case, the driver of the motor vehicle has a duty of care to drive the motor vehicle with the direction in advance when changing the vehicle line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the vehicle line into a one-lane, and the Defendant was found to have taken the front part of the victim D's Eoneone Star or the front part of the passenger car with the speed of about 40km per hour, driving the said one at a speed of about 40km.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, approximately two weeks of base base and tension, and the injury to the victim F, who was the passenger of the said Lone Star or the passenger of the said passenger, about two weeks of base and tension.

2. Around 00:10 on May 3, 2016, the Defendant driven a vehicle with the highest alcohol content indicated in paragraph (1) in the state of being drunk at approximately 0.123% of alcohol in the 1km section from the front side of the “bridged sloping,” located in the Hongsung-gun Hongbuk-gun, Hongsung-gun, Hongsung-gun, to the front side of the street.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on actions taken against the driver, and report on the status of the driver, and the statement on the status of the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Each relevant Article of the Act concerning criminal facts;

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