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(영문) 서울북부지방법원 2015.03.17 2015고정102

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. On November 1, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven by Oratoba in the state of alcohol of 0.102% on blood alcohol concentration of 0.102% on the 11:30% on November 1, 2014, and led E-won roads located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, along the three-lanes in the direction of offsetting in the direction of offset in the area of the right bank

Since there is a center line, in such a case, the driver of the motor vehicle has a duty of care to properly see the front side and the left side, to accurately operate the steering and steering system, to use the right side of the center line, and to not drive the motor vehicle in a situation where normal driving is difficult due to drinking.

However, the Defendant, while under the influence of alcohol, neglected the above duty of care, was driven by the injured Party F(77 years of age) who was driving by the injured Party F(77 years of age) who was driving in an opposite opposite lane, due to the negligence of the center line.

As above, the Defendant suffered from the left-hand fluoral fluoral fluorum in need of medical treatment for about two weeks by negligence in the course of performing duties that drive a motor vehicle while normal driving is difficult due to drinking.

2. The Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) without obtaining temporary warning or a driver’s license as set forth in paragraph 1, and driving the above urba at a distance of about 300 meters from the front of the Bamamamam Park in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu to the front of the Eamba in Seoul Special Metropolitan City, Nowon-gu, while under the influence of alcohol 0.102%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of the actual condition survey report and photographs under the Acts and subordinate statutes;

1. The corresponding Article of the Act on the Aggravated Punishment, etc. of Specific Crimes.