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(영문) 서울북부지방법원 2014.03.17 2014고정302

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 19, 2013, the Defendant, while under the influence of alcohol to the extent that it is difficult to drive a blood alcohol level of 0.142%, was driven by the Defendant at a speed that, on the other hand, the Defendant’s vehicle at the front of the Yung-dong branch of the National Bank located in Seoul Special Metropolitan City, Nowon-gu’s Gongnung-dong (Seoul Special Metropolitan City, Nowon-gu), could not be seen as the air hill-dong house at a speed that is located above the shill-dong branch of the National Bank.

In such cases, no driver of a motor vehicle shall drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and there was a duty of care that shall not drive a motor vehicle at such a speed or in such a manner as to inflict any danger and disability on others according to the traffic conditions of the road

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded along as they were, received the front part of the Darburged car driven by the injured party C (year 55) who was driven by the victim C (the aged 55) prior to the opposite direction direction, and suffered injury such as salt, tension, etc. in need of approximately two weeks of treatment to the injured party.

Accordingly, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and caused the victim to suffer an injury.

2. The Defendant, while under the influence of alcohol content of 0.142% in a temporary border like Paragraph 1, operated B-wing trucks with a volume of approximately 200 meters from the front of the Gongnung-dong, Seoul Special Metropolitan City, Nowon-gu, to the front of the Yung-dong 577-8 National Bank Taeneung branch of the National Bank.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. The actual condition survey report, the report on detection of a de facto driver, and the circumstantial statement of a de facto driver;

1. The user ledger of the measuring instruments for drinking;

1. A medical certificate;

1. Parts of the collision of each photographic vehicle, and damaged vehicle;