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(영문) 대전지방법원 천안지원 2014.05.08 2014고정254
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 engaged in driving BM5 car volume.

On 24, 2013. 01:10, the Defendant driven the above vehicle at a alcohol level of 0.102% of blood alcohol concentration, and driven the three-lane road in front of the oriental medical hospital located in Seo-gu, Seoan-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, in the direction of apartment complex of the 11-lane, in the direction of the apartment complex of the Daejeon University, the Defendant driven the two-lanes at an aesthetic speed in the direction of the opposite oriental medical hospital in the direction of the Daejeon University.

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

Nevertheless, the defendant is negligent in doing so and is proceeding.

In line with the two-lanes, the entire right side part of the driver's car driving by the victim C(the age of 28, the remaining) conflict with the front right side of the defendant's vehicle.

Accordingly, the defendant suffered salt, tensions, etc. from the victim, which requires approximately two weeks of treatment.

2. Around 01:10 on October 24, 2013, the Defendant violated the Road Traffic Act (driving a sound driving) driving at a distance of about 3 km from the front side of the apartment of the two-dong Daejeon Daejeon National University, Daejeon National Medical Hospital, with a 0.102% alcohol concentration in the blood alcohol level to 0.102% in the blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A survey report on actual condition, a traffic accident occurrence report, on-site photographs, a master-employed driver's report, a statement on actual condition of the driver, and a report on the results of investigation;

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 and Article 5-11 of the Road Traffic Act;

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