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(영문) 서울중앙지방법원 2014.03.27 2013고정5560

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

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 a person engaged in driving a passenger car in B.

On July 13, 2013, at around 02:00, the Defendant driven the above vehicle while under the influence of alcohol of 0.144% with a blood alcohol concentration of 0.14%, and proceeded at the speed of the city at the speed of the city with the five-lane roads of 731, Mannam-do, Gangnam-gu, Seoul, toward the distance of the Senenam Hospital Synam Hospital.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and safely drive the motor vehicle by checking well the right and the right and the right of the motor vehicle, and to prevent an accident in advance by not driving a motor vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (year 41) who was in the atmosphere of the same lane as he was negligent in driving while neglecting this, and was driven by the victim C (year 41). The back part of the taxi vehicle for business purpose was the front part of the Defendant vehicle.

As above, the Defendant suffered from the injury of the victim and the victim E (the age of 38) who is the passenger of the said victim by negligence in the course of driving a motor vehicle while normal driving of the motor vehicle is difficult due to drinking, for about two weeks.

2. The Defendant is driving under the influence of alcohol on August 19, 2008.

Since June 1, 2006, a person who has violated Article 44 (1) of the Road Traffic Act not less than twice.

Nevertheless, in violation of Article 44(1) of the Road Traffic Act, the Defendant again driven a BNS passenger car at approximately 4 km away from the 4km section to the place where the said accident occurred before a general restaurant, where it is difficult to find out the trade name located in the same time as that of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;