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(영문) 서울북부지방법원 2017.11.16 2017고단3724

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

Reasons

Punishment of the crime

1. Around 22:55 on August 10, 2017, the Defendant driven a c motor vehicle under the influence of alcohol content of at least 0.154% from the 5km section from the front side of the Dongdaemun-gu Seoul Dongdaemundong, Dongdaemun-gu, Seoul to the front side of Seongbuk-gu Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaging in driving a motor vehicle of the vehicle C.

On August 10, 2017, at around 22:55, the Defendant driven the said car in a state where it is difficult to drive it normally due to influence of drinking, such as shocking, smoking and suppressions, and the string distance, and driven the said car along the direction of the tin middle school in the direction of the above long distance, as described in paragraph 1.

At the time, since the driver was at night at the time, there was a duty of care to safely operate the steering system by accurately manipulating the steering and steering system.

Nevertheless, the Defendant did not seem to have reduced speed in the vicinity of the bus stops by E urban bus driven by the victim D (61 tax) who had been driven prior to the failure to perform his/her duty at the front of the bus due to negligence, and received the left back of the bus with the front part of the said bus.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as a climatic dump, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as a traffic accident report, a report on the detection of a driver in charge of driving, a report on the circumstances of the driver in charge of driving, a vehicle photograph of the accident, a photograph of the accident scene, and a medical certificate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;