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(영문) 서울남부지방법원 2018.07.26 2018고단2555

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 2, 2018, the Defendant violated the Road Traffic Act (drinking) driving a CK3 car under the influence of alcohol concentration of 0.155% in blood on April 2, 2018, while driving the CK3 car under the influence of alcohol leveling 0.15% in blood, and driving the 4 kilometer section from the roads near the Guro-gu Seoul Additionaldong to the new roads of Yangcheon-gu Seoul Metropolitan Government to about 167 kilometers.

2. The Defendant was driving the said K3 car at the same time and at the same place as the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving). At that time, the E- which the victim D (the age of 47) driven was stopping in accordance with the red stop signals of signal apparatus installed on the road.

Any person who is obliged to drive a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and even if considering the intention to drive the motor vehicle due to extremely inevitable circumstances, he/she shall not drive the motor vehicle while making it difficult to drive the motor vehicle normally due to the influence of alcohol.

In addition, even if it is inevitable to drive a vehicle due to extremely inevitable circumstances, a person who drives a vehicle like the defendant at the time has a duty of care to stop safely and prevent the accident in advance by operating the brake accurately and reducing the speed and keeping it well before well.

However, the Defendant sniffly sniffly sniffly sniffly, siffly siffly siffly siffly siffly, and siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffly siffen.