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(영문) 서울동부지방법원 2015.08.13 2015고단1414

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a car in C Spo-T

On May 16, 2015, the Defendant driven the said car under the influence of alcohol of 0.110% with blood alcohol concentration around 02:40%, and led to the flow of the said car into the mouth of the Jyangdong-dong-dong, Seoul Special Metropolitan City, along the two-lanes of the three-lane roads of Jyangdong-dong.

At the time, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to operate direction direction, etc. when changing the lane, give notice of change of course, and safely change the lane by taking into account the situation of traffic on the front side and the right side.

Nevertheless, the Defendant neglected this and was negligent in changing a lane to a one-lane under the influence of drinking so that it is difficult for the Defendant to drive the vehicle normally due to the influence of drinking, and the victim D (the age of 44) driving ahead of the vehicle at the left-hand part of the front part of the vehicle.

Ultimately, the Defendant caused the above victim by negligence in the course of performing the above duties to suffer bodily injury, such as salt dynasium, which requires treatment for about three weeks.

2. Around 02:00 on May 16, 2015, the Defendant driven a C Sti-type car under the influence of alcohol content of about 0.110% in the section of about 30km from the 30km to the northwest of the Cheongyang-dong, Seoul Special Metropolitan City from the roads near the jun-dong, where the trade name in the area of Sungnam-si cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report, actual condition investigation report;

1. Report on actions taken against an employer, and report on the status of the primary driver;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the applicable law.