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(영문) 서울중앙지방법원 2013.09.12 2013고정4143

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

The defendant is engaged in driving a vehicle B while driving a vehicle.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the above vehicle while under the influence of alcohol of 0.114% on 23:48 on 30.30, 2013, the Defendant driven the above vehicle at a speed of about 20-30 km in the speed of about 20-km in the direction of hydroIC as much as the 658 Mapo-dong Seoul, Gangnam-gu, Seoul, in the direction of hydroIC bank.

In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the front left, and to not drive the motor vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, the Defendant neglected to do so and tried to see the part behind the victim C driver’s fluor in front of the signal signaled vehicle in the front direction of the horse in the front direction of the horse in the front direction, and see the above fluor in the front direction of the vehicle in the front direction, and the above fran of the victim E driver’s fluor in the signal signal signaled vehicle in the front direction, which led to the chain of the vehicle in the front direction.

Ultimately, the Defendant sustained injury to the victim C, by negligence in the course of driving a motor vehicle in a situation where normal driving is difficult due to the foregoing drinking, such as catum salt, etc. requiring a two-day medical treatment for the victim G, such as brain satis, requiring a three-day medical treatment for the victim G, and a two-month medical treatment for the victim E, respectively.

2. The Defendant was under the influence of alcohol concentration of 0.114% at the above time, and was driving the said vehicle at a section of approximately 1.5 km from the Gangnam-gu Seoul Gpodong to the point of the said accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Papers of measurement records of drinking alcohol;

1. A written report from an employee of an employer;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes governing site photographs.