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(영문) 서울중앙지방법원 2015.09.23 2015고단4500

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around 06:30 on June 22, 2015, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving CK3 automobiles at a speed of about 40 km per hour between four lanes in the direction of Hannung-gu in the sports area as the Olympic Games while under the influence of alcohol concentration of 0.174% on the roads of 113-lane in the Dobong-gu Seoul Special Metropolitan City, Gangnam-gu, Seoul Special Metropolitan City, with a alcohol concentration of 0.174%.

In particular, as a driver, the driver has a duty of care to look at the front side and the right and the right and the right and the right and the steering, and to accurately operate the steering, brakes and other devices.

Nevertheless, the Defendant, while under the influence of alcohol due to negligence, did not see the front side of the vehicle due to the breakdown of the vehicle from the safety zone at the right side of the direction of the road, saw the rear side of the victim's Do driving of the vehicle under repair after stopping due to the breakdown of the vehicle, into the front part of the KS3 vehicle.

As a result, to D(75 years of age, south) being repaired by the damaged vehicle, the damaged vehicle suffered an injury that requires approximately 4 weeks of medical treatment, such as cutting the 11th left-hand cage, and the victim F(74 years of age, female) with approximately 4 weeks of medical treatment, such as cutting down the upper right catus.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at a section of about 4-5 km under the influence of alcohol level of approximately 0.174%, while under the influence of alcohol level, the Defendant driven CK3 automobiles from the section of approximately 4-5 km under the influence of alcohol level to the roads of 113-gil-ro 113 roads from the roads near the market location of Songpa-gu Seoul Metropolitan Government

Summary of Evidence

1. Defendant's legal statement;

1. Each accident report of D or F;

1. A traffic accident report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Photographs, etc. of an accident site;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the Road Traffic Act concerning the crime.