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(영문) 서울중앙지방법원 2015.06.17 2015고정1957

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 engaging in driving a car B.

On February 8, 2015, the Defendant, while under the influence of alcohol at 0.148% of blood alcohol level around 19:00, was driven by the Defendant, and was parked on the road front of the five km-gu, Seoul, Jung-gu, Jung-gu, Seoul, with a speed of about 5 km from the front direction to the front direction of Seoul.

In such cases, the driver of a motor vehicle has a duty of care to ensure the safety of the course by accurately operating the steering gear and brake system, and to ensure the safety of the front and rear left, and to avoid driving a motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant, while being under the influence of alcohol, neglected to do so, was the front offender of the victim C(30 years old) who was under the influence of stopping in the rear by negligence.

As above, the Defendant suffered from the victim E (the age of 35) who was on board the said victim's vehicle due to negligence in the course of performing duties while driving a motor vehicle in a situation where normal driving is difficult due to drinking, and at the same time, damaged the above victim's repair cost of KRW 526,680, such as the passenger driver in front of the motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C and E (Simplified traffic);

1. CWritten statement on the occurrence of a traffic accident;

1. Statement on the occurrence of traffic accidents in preparation E;

1. 교통사고보고⑴⑵

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

1. A report on the actual state of the driver;

1. A photograph of an accident image closure;

1. Each written diagnosis (C, E);

1. Application of the Acts and subordinate statutes on automobile inspection and maintenance specifications;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) (a point of sound driving) of the Road Traffic Act, Article 151 of the Road Traffic Act.