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(영문) 서울북부지방법원 2015.01.09 2014고정2891

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 driver of BFD car.

On July 12, 2014, around 02:10 on July 12, 2014, the Defendant driven the said car on the side of the Nowon-gu in Seoul Special Metropolitan City, with the same line as the front line, where it is difficult for the Defendant to drive the said car in such a state as being under influence of alcohol content of not less than 0.1% but less than 0.2% and under influence of alcohol due to the influence of alcohol.

Since there is a signal, in such a case, there was a duty of care to safely drive a motor vehicle in accordance with the signals by examining the front side and the left side of the motor vehicle driver.

Nevertheless, the Defendant neglected this and failed to properly operate the operation of the operation system under the influence of alcohol, caused the side of the D cab operated by the victim C waiting for the signal at the front line of the said car, and due to its shock, caused the victim C to have the front line of the F son driven by the victim E, who was in front of the said cab, and caused the victim C with the injury of c, such as catum salt in need of approximately two weeks of medical treatment, and the victim E suffered the injury of the unfated catch for the number of days of medical treatment.

Accordingly, the defendant driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing each injury to the victims.

2. The Defendant violated the Road Traffic Act (driving) at the time set forth in the preceding paragraph, the Defendant driven a BFD car about 1 km while under the influence of not less than 0.1% but less than 0.2% of alcohol content from the vicinity of the Nowon-gu in Seoul Special Metropolitan City, Nowon-gu to the place set forth in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C and E preparation;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Medical certificates;