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(영문) 서울남부지방법원 2015.05.28 2015고단972

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Around 23:35 on July 17, 2015, the Defendant driven a ChopbaCC car under the influence of the alcohol concentration of approximately 1 km from the front of the error railway station in Guro-gu Seoul to the front road of Guro-gu Seoul Metropolitan Government, with approximately 0.120% of alcohol concentration.

2. The Defendant is a person engaged in driving the said car.

The defendant driving a vehicle at the above temporary border and driving the above four-lane road at the above two-lanes in front of the two-lanes from the side of the side of the side to the side of the side of the road at a speed of about 50km per hour.

At that time, the road is the four-lane road, and the village bus of the victim D(56) driving in the second two-lanes has stopped as a signal signal atmosphere, and after the third-lane, the victim F(26 years old) driving is driving.

In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the traffic conditions of the front side and prevent the accident from occurring.

Nevertheless, the Defendant neglected to drive a vehicle at the front time due to such influence of alcohol as above, and neglected to drive the vehicle at the front time due to the Defendant’s negligence, and received the rear part of the village bus with the front part of the vehicle driven by the Defendant, changed the course into three-lanes, and received the front part of the seat of the vehicle driven by the Defendant from the rear part of the vehicle driven by the Defendant at the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant caused the victim D’s occupational negligence to inflict injury on the spatitiss, etc. requiring two weeks’ medical treatment, and the victim F to inflict injury on the spatum base, tensions, etc. requiring two weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to medical certificates and general medical certificates;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.