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(영문) 서울서부지방법원 2017.08.10 2017고단887

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Since the basic facts are identical and there is no substantial disadvantage in exercising the defendant's right to defend, the criminal facts are recognized as follows without changes in indictment:

1. Around 03:00 on February 11, 2017, the Defendant, who violated the Act on the Aggravated Punishment of Specific Crimes (Death or Injury caused before the risk), driven a d parking lot located in Mapo-gu Seoul, with alcohol concentration of 0.122% during blood while under the influence of alcohol at around 0.12%.

Since there is a place separate from the parking lot and the roadway of the building, a person engaged in driving service has a duty of care to check and drive the safety while thoroughly seeing the front and rear city, reducing the speed of the vehicle, and considering the attitude of the vehicle.

Nevertheless, due to the negligence of neglecting this, the Defendant, at the right side of the Defendant’s vehicle, suffered from the injury of the victim E (37)’s rocketing and even parts of the Flauna car’s string to the right side of the Defendant’s vehicle, which are proceeding on the left side of the Defendant’s vehicle, by collisioning with the lower part of the lower part of the Defendant’s vehicle into the lower part of the lower part of the Defendant’s vehicle, where approximately one week medical treatment is required for the victim E, and the injury of the victim G (37 years) who is the passenger of the damaged vehicle, for about two weeks medical treatment.

2. On January 30, 2004, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (D-typeless driving) driving a vehicle under the influence of alcohol 0.122% in blood while under the influence of alcohol 0.122% from D-type parking lots located in Mapo-gu Seoul Metropolitan Government to the point of accident, such as paragraph (1), even though the driver’s license of a motor vehicle was revoked.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G preparation;

1. The actual investigation report on traffic accidents;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

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

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Act.