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(영문) 대전지방법원 천안지원 2013.05.16 2013고정333
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a driver of the BM5 car.

1. On September 22, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car while under the influence of alcohol concentration of 0.128% on blood alcohol level on September 22, 2012, and led to one-lane road in the central market in the Dong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, by moving the road to the national market ice rink from the sprink

In such cases, a driver of a motor vehicle has a duty of care to check whether a motor vehicle or a pedestrian has a duty of care to prevent an accident by checking the front side and the left side of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim C (the age of 52) who was seated on the right side of the maed road, and did not see the victim C (the age of 52) who was seated on the right side of the maed road, and had the victim go beyond the road floor due to its shock.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, was negligent in neglecting his/her duty of care as a motor vehicle driver, resulting in the Defendant’s injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act, the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act, as stated in paragraph (1), driven a BSS5 vehicle without mandatory insurance without a driver’s license in a state of 0.128% alcohol concentration from the nearest road of 189-28, YY-dong, YY-dong, YY-dong, YY-dong, YY-dong, YY-dong, YY-dong, and the accident scene.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. A medical certificate;

1. A report on detection of a host driver;

1. Report on the situation statement of the drinking driver, and on-site investigation report of the case of death or injury caused by dangerous driving;

1. Mandatory insurance policies;

1. Application of the statutes on the register of driver's licenses;

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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