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(영문) 서울서부지방법원 2016.08.09 2016고단1411

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

1. Around March 5, 2016, the Defendant was under the influence of alcohol 0.157% in alcohol while driving a motor vehicle of d pertaining to a motor vehicle from the roads near Yongsan-gu Seoul Metropolitan Government, to the roads front of the C hotel located in the same Gu B, around March 5, 2016.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a motor vehicle of soflurd D.

The Defendant driven the said car while under the influence of 0.157% alcohol level during the blood transfusion at the time of paragraph 1, and driven the three-lane roads in front of the C hotel in Yongsan-gu Seoul Metropolitan Government at the time of the 25km in the speed of the city according to the speed of 1:00 square meters from the surface of the Yawon Fire Department at the time of the Yawon Fire Department.

At the time, the FK5 taxi car driven by the victim E was parked in the front section due to the vehicle stop, so in such cases, the driver of the vehicle has a duty of care to properly look at the traffic situation of the front section and to prevent the accident by properly manipulating and safely driving the steering gear and brakes of the vehicle, etc.

Nevertheless, the Defendant, due to the negligence of driving in the state of difficulty in normal driving due to the influence of alcohol, such as being red on the face, brought the part behind the above K5 taxi vehicle into the front part of the Defendant’s driver’s vehicle, and kept the 5-tax taxi vehicle into the front part of the Defendant’s driver’s vehicle due to the shock, and led the victim’s H-low taxi while stopping in the front part to the front part of the 5-tax driver’s vehicle.

Ultimately, the Defendant’s negligence of driving a car in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to the said victim E, such as salt, tension, etc., which requires a two-day medical treatment, and the victim I who was a passenger of a franchise-free taxi.