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(영문) 서울동부지방법원 2016.08.10 2016고정1073

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car BM520.

1. On March 18, 2016, the Defendant driven the said vehicle under the influence of alcohol content of about 0.165% from the 200m section of the blood alcohol level from around 02:41 on March 18, 2016 to the 35th marity of Songpa-gu Seoul, Songpa-gu. The Defendant driven the said vehicle under the influence of alcohol level of about 0.165% from the 12 front road to the 459 front road.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven the said vehicle under the influence of alcohol level of 0.165% in blood during the Japanese border as referred to in the preceding paragraph, and driven the front side of a new bank located in 459, a 000 km from the middle school, with a width of about 20 km away from the middle school.

At the time, it was difficult to move around at night, and there was a long distance crossing, so in such a case, the driver of the motor vehicle is prohibited from driving the motor vehicle while driving the motor vehicle in a situation where normal driving is difficult due to influence of drinking, as well as the driver of the motor vehicle has a duty of care to prevent the accident in advance by accurately manipulating the steering and brakes and accurately.

Nevertheless, the Defendant neglected this and negligently driven under the influence of alcohol as stated in the preceding paragraph, sent at the front section of the same direction as the breath of the breath and brought down the back part of the victim C (Y, 45 years old) who stopped, with the front part of the breath of the above vehicle of the Defendant.

In this way, the Defendant suffered from the injury of the victim C and the victim E (the remaining and the age of 41) who is the passenger of the victimized vehicle due to the foregoing occupational negligence, for approximately two weeks of light fluoral care.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A traffic accident report, a report on the detection of a primary driver, and a report on the circumstances of a primary driver;

1. Each written diagnosis;