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(영문) 대전지방법원 천안지원 2015.09.04 2015고정604
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 engaged in driving of Bchip XG car volume.

On March 31, 2015, at around 20:55, the Defendant driven the above vehicle while under the influence of alcohol 0.241% of alcohol level, and led to the flow of the road in front of the blue-gu unit located in Seoan-gu, Seoan-dong Community Service Center at the right speed to the two parallel direction.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as making a good report on the situation of traffic prior to driving, accurately manipulating the steering system, etc.

Nevertheless, the defendant neglected to do so and neglected to do so.

from the two dynamics to the vice-one dynamic office.

By stopping, the victim C(22 years old) driving, which was under the atmosphere, was the top of the left-hand side of the car volume of the DSS3 driver's car driving, the top of the top-hand part.

As a result, the Defendant suffered by negligence in the course of performing his duties the damage to the victim’s dump, tensions, tensions, tensions, and shouldering.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Entry into the traffic accident report, actual condition survey report, each entry into the main driver's license report, and the actual condition report;

1. Descriptions of a medical certificate;

1. Images of photographs;

1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime against death or injury caused by dangerous driving)]

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