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(영문) 서울중앙지방법원 2016.11.16 2016고단6281

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the vehicle for the Cnibus.

On June 30, 2016, at around 05:51, the Defendant was under the influence of alcohol with 0.170% of blood alcohol concentration, and the co-x distance in 520, as it is in Gangnam-gu Seoul Metropolitan Government, was under the influence of the Defendant, while driving the said car directly from the direction of the oil station to the sports complex.

The location is a remote distance with signal apparatus installed, and since the EK5 si operated by the victim D(52 years of age) was the left-hand turn pursuant to the new subparagraph, the driver of the vehicle had a duty of care to safely drive the front door and prevent the accident according to the new subparagraph.

Nevertheless, the Defendant, under the influence of alcohol, immediately left without violating the signal while making it difficult to drive the taxi normally, and the above part of the front part of the taxi with the left part of the front part of the said taxi.

Ultimately, the Defendant caused the injury to the victim F, who is the victim of the above taxi, due to the above occupational negligence for about three weeks, to the injury of brain-dead sugar, etc. requiring medical treatment for about two weeks, and to the injury of the f, so that the victim F, who is the above taxi, need medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Statement on the occurrence of each traffic accident by D or F;

1. The circumstantial statement of the employee;

1. The result of the pulmonology test, and the report of the pulmonary driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The fact that the option of a fine to choose a sentence is not the same as that of imprisonment or more severe punishment, the fact that a comprehensive insurance policy was subscribed, and the victim F was agreed upon after the closing of argument, and the victim D deposited one million won.