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(영문) 서울중앙지방법원 2015.06.03 2015고정1937

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person driving a B-hurd vehicle in the course of business.

On April 2, 2015, the Defendant driven the above vehicle while under the influence of alcohol of 0.152% on blood alcohol level around 23:00, and therefore it is difficult to drive it normally, but the Defendant driven the above vehicle at the speed of 0.152% on the 235-lane of war in Gangnam-gu Seoul, Seoul, and driven the two-lanes of the two-lanes from the direction of the distance of the city to the area of the Gu Y

In such cases, a person engaged in driving a motor vehicle shall reduce the speed and accurately operate the steering system, brakes, and other devices of the motor vehicle, shall be well reported on the front side and the left side of the motor vehicle, and there was a duty of care to not drive a motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant, while under the influence of alcohol, neglected the above duty of care and proceeded as it was due to negligence, received the back part of the back part of the victim C's rocketing taxi that was driven prior to the collision as the front part of the vehicle operated by the Defendant.

As above, the Defendant sustained injury to the victim C by negligence in the course of driving a motor vehicle while driving a motor vehicle normally due to alcohol for about two weeks, on the part of the occupational negligence, the Defendant sustained injury to the victim C, on the climatic salt and tension requiring treatment for about three weeks, on the part of the victim E who is the passenger of the damaged vehicle, and on the part of the victim F, on the part of the victim E, the injury to the climatic salt and tension requiring treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the Road Traffic Act as to the crime under the corresponding provision of the Act.