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(영문) 서울북부지방법원 2018.01.25 2017고단5357

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving vehicles B.

On October 18, 2017, the Defendant, while under the influence of alcohol 0.150% during blood transfusion, was unable to drive normally, such as blood color, red and walking state with a string of 0.150% wide, in an incorrect manner, but he was driving the said vehicle on the side of Dobong-gu Seoul Metropolitan Government 66-ro 95 Samsung 117 East-Saun apartment at a 66-ro, Dobong-gu, Dobong-gu, Seoul, and transferred the said vehicle to the direction of the green apartment in the direction of the green apartment.

At the time, the Defendant did not properly look at the front, the left side of the SM3 vehicle, which is driven by the victim C (V, 43 years old) who was parked in a place where the flow vehicle was driven by the mistake of the driver, and the Defendant shocked with the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pans, tensions, etc., in need of approximately three weeks of treatment.

2. On October 18, 2017, the Defendant was under the influence of alcohol content of 0.150% during blood transfusion on October 14:10, 2017, the Defendant driven the B SP vehicle in the 1km section from the front of the Green Motor Driving Institute located in 5-ro 91, Seoul, Nowon-gu, Seoul, to the 66-ro 95-gil, Dobong-gu, Seoul, Nowon-gu, to the 117-side road.

Summary of Evidence

1. Statement by the defendant in court;

1. The report (1) (2) of a traffic accident, the report on the occurrence of a traffic accident, the report on the detection of the driver at home, the report on the situation of the driver at home, the report on the driver at home, the vehicle photograph/on-site photograph, and a copy of the diagnosis;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act.