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(영문) 서울동부지방법원 2015.06.24 2015고정853

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

The Defendant is a driver of a siren car in B.

1. On March 12, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car under the influence of alcohol level of 0.164% on blood alcohol level around 08:50 on March 12, 2015, while driving the said car at a two-lane level in front of Gangdong-gu Seoul Metropolitan Government, and driving the said car at an influench speed from the surface of the sand shooting distance to the surface

At the time, the victim D(62 years old)'s E-Poter 2 truck was followed, so in this case, the driver of the vehicle is thoroughly engaged in the operation of the vehicle, and the driver of the vehicle is negligent in operating the steering system and brakes, despite the fact that there was a duty of care to prevent the accident by accurately manipulating the steering system and brakes, while neglecting this duty of care, the part of the victim's back cargo in front of the driver's vehicle due to occupational negligence.

In this regard, the defendant suffered brain-dead, etc. for about two weeks in need of medical treatment to the victim through occupational negligence above.

2. The Defendant, at the time and place of the preceding paragraph, driven the said B rocketing car under the influence of alcohol level of 0.164%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident statement of D;

1. The actual survey report on traffic accidents;

1. Records of the measurement of drinking alcohol, reports on the actions of drinking drivers, reports on the status of drinking drivers, and reports on the statement of the status of drinking drivers;

1. Photographs and on-site photographs of the vehicle;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of the maximum amount of the crimes above the punishment provided for the crime resulting from the death or injury caused by dangerous driving] shall be added;