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(영문) 대전지방법원 천안지원 2016.09.23 2016고단978
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The sentence against the accused shall be seven million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 24, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death before the risk) driven a three-lane from the fourth-lane of the 344km in the direction of the Seoul metropolitan area of the Gandong-gu, Seocheon-gu around 07:34 on April 24, 2016, while under the influence of alcohol at a 0.197% alcohol concentration in blood, the Defendant driven a CAridi vehicle in the direction of Seoul in the direction of Busan, while driving a three-lane in the direction of the city in the direction of Busan.

Since it is an expressway, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as reporting the traffic situation well to the driver of the vehicle, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in not operating the steering and steering devices properly, was driven by the victim D(41) who was driving ahead of the same direction due to the negligence of not operating the steering and steering devices in the same direction, and was driven by the victim D(41) as the front part of the E-Poter’s cargo vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered from the victim D, for about two weeks of the need for medical treatment, and from the East F (53) for about two weeks of the need for medical treatment.

2. On April 24, 2016, the Defendant was under the influence of alcohol for about 0.197% of alcohol during blood in the section of about 50km from the road located in the downstream-dong of Chungcheong-si around 07:34 on April 24, 2016 to the point of 344km in Seoan-gu, Seoan-gu, Seoan-si, Seoan-gu, Seoan-gu, Seoan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report, a report on the results of crackdown on drinking driving, and a report on the situation of the driver who is placed in driving;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.

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