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(영문) 대구지방법원 경주지원 2014.10.07 2014고단510
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

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 a motor vehicle B low-speed

On June 30, 2014, at around 16:55, the Defendant, while under the influence of alcohol with 0.131% of alcohol concentration, was fluent and fluent, and the Defendant was driving the said car in a state where it is difficult to drive the car normally, such as a string and fluor, while driving the said car, and driving the three-lane road in front of the signal belt of the Gu administration in the Gu administration of the racing-si, the Defendant was driving along the two-lane of the front of the Gu administration of the Gu administration

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents by safely driving the motor vehicle, such as accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and operation system under the influence of alcohol, and caused the DNA-learning car driven by C, which was parked in the signal atmosphere from the front side of the same lane, to the front part of the Defendant’s car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (the 62 years of age) who is the passenger of the said car, due to the said car.

2. Around 16:50 on June 30, 2014, the Defendant: (a) driven a B low-speed car with a blood alcohol concentration of at least 0.131% under the influence of alcohol at a section of about 300 meters from the roads adjacent to the Sin-si Undong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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