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(영문) 서울북부지방법원 2016.07.04 2016고정1130

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving QM5 automobiles.

1. On March 21, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven by 02:15 on March 21, 2016, while under the influence of alcohol leveling 0.123% of the blood alcohol level from the same side of the same main road, the Defendant driven at a speed of three-lanes from among three-lanes toward the intersection of the intersection between the same side of the same main road.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as accurately manipulating the steering direction, brakes, etc. by checking the traffic situation in the front side.

Nevertheless, the Defendant neglected to drive a scam on the scambling and failed to properly scam the scam on the right side of the front side of the Defendant’s driving vehicle, following the driver’s seat of the victim C(57 tax) who stops on the scambling scam on the front side of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately three weeks of medical treatment as “the following part of the bridge spons.”

2. The Defendant was under the influence of alcohol level of 0.123% from the border alcohol level during the day specified in paragraph (1) of this Article, and driven the said vehicle from the roads near the Gangseo-gu Seoul Northerndong to the roads front of 348, Dongdaemun-gu, Seoul (the point where the traffic distance between the main and the main roads is past) around 10km from the roads near the Dongdaemun-gu, Dongdaemun-gu, Seoul (the point where the traffic distance between the main roads is past).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report, a traffic accident occurrence report, and a report on the detection of a primary driver;

1. C’s statement;

1. Investigation report (Investigation of black stay images);

1. A medical certificate;

1. Application of Acts and subordinate statutes to field photographs and vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of risk driving) concerning criminal facts and Article 5-11 of the Act on the Aggravated Punishment, etc.