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(영문) 서울중앙지방법원 2016.01.14 2015고정4743

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On January 8, 2013, the Defendant was under the influence of alcohol content of 0.173% in blood, around 01:20, the Defendant driven Bsch Rexroth car at the section of approximately 1 km up to the road near the 2700 distributors of Seocho-gu, Seoul, Seocho-gu, Seoul, with the distribution of new shares in the roads near the 2700 distributors.

2. On January 8, 2013, the Defendant was under the influence of 01:20% of alcohol concentration in blood, and the Defendant was driving Bsch Rexroth car at around 0.173% of alcohol concentration in the blood, and, as a result of the distribution of the Seocho-gu Seoul Metropolitan New Distribution, around the 2700 distributor’s road adjacent to the Seoul Seocho-gu New Distribution, led to a two-lane of speed from the main red bank to the high speed terminal distance.

In such cases, a person engaged in driving service is prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents by driving a motor vehicle in a state where normal driving is difficult.

Nevertheless, the Defendant, while neglecting this, moved the victim C(59)'s side of the victim C(59) who was stopping in the signal atmosphere at the same lane as the other driver's vehicle due to the negligence of driving on the stroke, to the front side of the driver's vehicle.

Ultimately, the Defendant driven the Defendant’s car in a situation where normal driving is difficult due to the influence of drinking, resulting in the Defendant’s injury to the Defendant’s light salt, the two-day medical care for the victim, and the two-day medical care for the victim.

3. The Defendant violated the Road Traffic Act, as described in paragraph 2, caused an accident by negligence in the course of business, thereby damaging the amount equivalent to KRW 1,327,030 of the cost of repairing DNA owned by the victim creative company.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reports on traffic accidents, reports on the circumstances of drivers who take driving, and certificates of measurement of drinking;

1. A medical certificate;

1. Written estimate of repair costs;

1. Photographs of an accident vehicle;