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(영문) 서울중앙지방법원 2015.02.03 2014고정5659

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is engaged in the operation of the B-A-Wurt-Wurd Motor Vehicle.

On October 19, 2014, the Defendant driven the above vehicle while under the influence of alcohol at 0.127% of blood alcohol level around 19:00, and driven the two-lane roads in front of Dongjak-gu Seoul Metropolitan Government at a non-speed speed depending on the total personal direction from the male side to the male side.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to influence of alcohol, and has a duty of care to safely drive a motor vehicle and not drive a motor vehicle in a situation where normal driving is difficult due to drinking, such as reporting the traffic situation well and accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant neglected this and found the E-Rad vehicle driven by the victim D(the age of 37) in front of the same lane and operated it late, but did not avoid the address, and received the part of the Defendant’s vehicle behind the damaged vehicle.

As above, the Defendant suffered injury to the victim D, by negligence of driving a motor vehicle in a state where normal driving is difficult due to drinking, such as the fluoral base, which requires a medical treatment for about a week, and the victim F (the fluor, the fluor, the fluor), which requires a medical treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing vehicle photographs;

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

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.