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(영문) 서울동부지방법원 2014.01.09 2013고정2908

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is driving a Grandroth in his own possession on duty.

1. At around 06:40 on September 27, 2013, the Defendant continued to run at a speed that does not know about the direction of the Myeongdong-dong 30-1 of the Gwangjin-gu Seoul Special Metropolitan City along the two-lanes of the roads.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front door and left door well, and accurately operating the brake system.

Nevertheless, the Defendant is negligent in driving the said vehicle while under the influence of alcohol with a level of 0.108% under the influence of alcohol.

The victim C (ma, 57 years old) did not find out that D Freight Vehicles are parked in the signal atmosphere, and received the back part of the damaged Vehicle as they were driven by the Defendant.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the victim C, such as sacrifine saf, which requires treatment for about three weeks, and injury to the victim E (ma, 26 years of age) who is the same passenger of the same vehicle, such as salt ties, tensions, etc. requiring treatment for about three weeks.

2. The Defendant driven approximately 3 km from Gangseo-gu, Seoul to 30-1, Gangnam-gu, Seoul Special Metropolitan City, while under the influence of alcohol level of 0.108%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The application of Acts and subordinate statutes to the report on detection of a host driver, the report on the circumstantial statement of a host driver, the survey report on actual condition, each photograph, estimate, and each written diagnosis;

1. The provisions of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes;