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(영문) 서울남부지방법원 2013.04.18 2013고정1088
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving B car car;

On December 18, 2012, the Defendant driven the said car under the influence of alcohol of 0.128% with blood alcohol concentration around 22:50 on December 18, 2012, and proceeded at a speed of 40 km per hour between the four-lanes of the high-level road in Guro-gu Seoul Metropolitan Government, opening the road above the high-level road in Guro-gu, Seoul, along the Gu-ro basin and the Gu-ro basin.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a person engaged in driving a motor vehicle not to drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, making a good report on the situation of the mobile traffic, and accurately manipulating the steering system

Nevertheless, the Defendant neglected to do so and proceed without properly doing so, while driving at the front direction of the victim C(50 years old) who was waiting at the signal at the front direction, and shocked the back part of the victim C's driver's vehicle of the victim C(38 years old) driver's vehicle of the victim E(38 years old) driver's vehicle of the victim, resulting in the collision between the back part of the victim C's driver's vehicle of the victim E(38 years old) driver's vehicle of the victim, thereby causing the victim C's injury to the c, the victim G(40 years old), the victim E(38 years old), and the victim H(44 years old) for about two weeks of medical treatment.

2. On the date and time set forth in paragraph 1, the Defendant driving a B-car under the influence of alcohol with a blood alcohol concentration of about 0.128% at the section of about 2 km from the Seocho-gu Seoul High-dong Building Parking Lot to the place set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in C and E;

1. A traffic accident report;

1. Investigation reports;

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

1. Relevant provisions concerning facts constituting an offense;

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