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(영문) 대전지방법원 홍성지원 2013.11.20 2013고정298
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 21:00 on August 4, 2013, the Defendant, while under the influence of alcohol by 0.233% at the parking lot for C Hospital funeral hall located in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant driven a vehicle of 2m in the Doco column owned by the Defendant.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) was a person engaged in driving a vehicle in the quantity of DCo, and the Defendant took the driving of a vehicle at around 0:0 on August 4, 2013 in order to move the vehicle parked at the C Hospital funeral hall parking lot located in Chungcheongnam-gun budget-gun, by driving the said vehicle, even though the driving of the vehicle is under the influence of alcohol level of 0.23% and the walking is divided, the walking is in secret and the blood is red.

In terms of time, there was a vehicle that is advanced.

In such cases, a person engaged in driving service has a duty of care to properly take into account the traffic conditions in the future and right and right and right and right and to safely take back.

Nevertheless, even though it is difficult for the Defendant to normally operate under the influence of alcohol, the part on the left side of the driver's vehicle operated by the victim E (I, 51 years old) who was parked on the right side of the back-hand side of the driver's vehicle operated by the victim E (I, 51 years old) was transferred to the right side of the Defendant's vehicle.

As a result, the victim E suffered from the injury of the scam and tensions that require medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report;

1. On-site photographs;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of fines);

1. Aggravation for concurrent crimes;

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