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(영문) 서울남부지방법원 2015.11.25 2015고정1909

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B for a PPP car.

On May 30, 2015, at around 00:30, the Defendant driven the frontway of Gangseo-gu Seoul Metropolitan Government Seoul Metropolitan Government, along three-lanes from the edge of the Gangseo-gu Office building to the mountain basin, while under the influence of alcohol concentration of 0.199%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said motor vehicle according to three lanes from the distance from the office building of Gangseo-gu under the influence of alcohol 0.199% with the temporary and light alcohol concentration listed in paragraph (1). In such a case, the person engaged in driving the motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering side and the right and the right and the right and the right and the right and the right and the right, and accurately

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D (year 61) under the influence of alcohol due to negligence that failed to properly operate the brake system, and was driven by the victim D (year 61) on the right-hand side of the vehicle of the Defendant.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered from the climatic dump dump dump, which requires a two-day medical treatment for the victim D, and the victim F (the age of 49) who boarded the vehicle driven by the said D with approximately two weeks of cump dump dump and the tension.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report and the occurrence of traffic accidents;

1. A certificate of measurement of drinking alcohol, a report on detection of drinking drivers, and a circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to accident vehicles, on-site photographs, and written diagnosis;

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