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(영문) 서울북부지방법원 2014.10.17 2014고정1813

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 13, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving a motor vehicle for the Korean flag seat in Seoul Special Metropolitan City, Nowon-gu, and B ASEAN on the road in front of the Mountainous apartment, and was driving a one-lane between the four-lanes in the direction of relay from the street basin in the direction of relay from the street basin.

In such cases, the driver has a duty of care to check and proceed with the safety of the career by checking well the right and the right of the career.

Nevertheless, the Defendant neglected to do so under the influence of alcohol or drugs while under the influence of alcohol, which is difficult to drive normally, while under the influence of 0.161% of alcohol concentration, and led to the negligence of neglecting to do so, at the same time, the Defendant left the driving DK5 of the victim C (the age of 60, the age of n, the age of n) who is living in the signal line prior to the same lane in the same direction.

Ultimately, by occupational negligence, the Defendant caused the victim to suffer bodily injury, such as salt, tension, etc., which requires approximately two weeks of medical treatment.

2. On May 13, 2014, the Defendant driven the said vehicle under the influence of alcohol content of 0.161% from around the Nowon-gu in Seoul Special Metropolitan City to around 01:35 the same day from around the Nowon-gu in Seoul Special Metropolitan City Nowon-gu to around 56, 195, and from around 2 kilometers to the front road of the American apartment.

3. The Defendant violated the Road Traffic Act, like the above Paragraph 1, destroyed the property that is equivalent to KRW 606,438 of the repairing cost, such as the “fluor exchange of damaged vehicles”.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the occurrence, loss, supplement and statement of the C preparation;

1. A report on the occurrence of a traffic accident and a report on a traffic accident (1) (2) (1) (2) (2));

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. A written diagnosis and written estimate;

1. Application of the statutes governing vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Criminal Act as to the crime under the corresponding provisions of the Act.