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(영문) 서울동부지방법원 2015.04.09 2015고단120
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

On December 18, 2014, at around 00:01, the Defendant is driving a motor vehicle by driving a Dpode fluculing with a blood alcohol concentration of 0.223% under the influence of alcohol on the front of Songpa-gu Seoul on December 18, 201, and proceed at a speed that is impossible to identify one lane from the side of the sericultural apartment care center to the spoke apartment in which it is impossible to identify one lane.

In the above place, the vehicle stop signal was reported and sent to the signal.

At the same time, there are lots of traffic of vehicles near the intersection, so in such a case, the driver of the vehicle has a duty of care to prevent accidents by properly seeing the front line and the left and right, observing the speed of the vehicle, operating the steering system and the brakes accurately.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, went off from the driver's seat of the above car, led the car of the Defendant to cross-section at a speed of which the driver's car is unknown, and led the victim E (the age of 45) who was parked in the front direction of the road to drive in the safety zone of the Defendant's driving direction, and led the driver's part to the front direction of the vehicle of the Defendant.

Ultimately, the Defendant driven the said car in a situation where it is difficult to drive the car normally due to the influence of alcohol, and caused the victim G (V, 41 years of age) who was on the top of the vehicle set forth above E and E to suffer from the injury, such as salt ties, tensions, etc. for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report, actual condition investigation report;

1. A master-user report, a report on the state of primary driver, and a written appraisal of blood alcohol;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Trade name;

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