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(영문) 서울중앙지방법원 2016.03.29 2016고정286

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person driving a B car with a car in the line of duty.

On November 24, 2015, the Defendant, while under the influence of alcohol level of 0.159% (on a zero-class percent) during blood transfusion around 01:35 on November 24, 2015, she proceeded along the four-lane road on the front side of the Gar apartment, Seocho-gu Seoul, Seoul, in the speed of 67-gil 64-ro, and one-lane in the direction of IC at the seat of distribution.

The defendant engaged in driving of a motor vehicle has a duty of care to reduce speed and accurately operate the steering direction and brakes, to properly see the right and the right of the front, and to refrain from driving a motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant, while neglecting the influence of alcohol and neglecting the construction and safety facilities of the road repair in the same lane, and CDa-Ma-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Ultimately, the Defendant driving a motor vehicle under the circumstances where normal driving of the motor vehicle is difficult due to drinking, resulting in the victim’s injury, such as light salt, tension, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report;

1. A report on the detection of the driver at each main place, a request for appraisal, and a legal and chemical appraisal report;

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 under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of penalty: