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(영문) 서울중앙지방법원 2016.10.12 2016고단5700

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On August 7, 2016, the Defendant was under the influence of 04:55% of blood alcohol concentration of 0.122%, and the Defendant was driving DPool-si, Gangnam-gu, Seoul, to turn back to the left the intersection of the school dynamic distance of 801, which is located in the west-ro, Gangnam-gu, Seoul.

The location is the private distance intersection with signal apparatus installed, and in the case of the front side of the road at the time, the Fystasi driven by the victim E (73 years old) had been straighted from the front side of Gangnam-gu office to the voltage-gu office gate-gate gate, according to green signals, the defendant who drives the motor vehicle had a duty of care to take care of the front side well and prevent accidents by driving the motor vehicle in accordance with signals.

Nevertheless, under the foregoing, the Defendant neglected to drive a taxi at the front time while it is difficult for the Defendant to drive the taxi at a normal time due to negligence in violation of the signal and took part of the front part of the car driven by the Defendant due to the left left-hand turn, and caused the victim E to suffer injury, such as a cryp fry, etc., which requires approximately five weeks of treatment, and the victim G (19 years of age and inn) who is the passenger of the said taxi, suffered injury, such as cryp dump, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of traffic accidents prepared by E;

1. A traffic accident report;

1. Photographs of vehicles;

1. Report on the circumstantial statements of a drinking driver, results of drinking measurements, and report on detection of a drinking driver;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The blood alcohol concentration of each selective fine for punishment is relatively high, the defendant's negligence is unlimited, and the degree of injury suffered by the victim E is also high;