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(영문) 서울중앙지방법원 2016.03.10 2016고정44
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with B-to-pubed motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to risk)

On November 6, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.173% from blood alcohol level around 21:10, while driving the vehicle at around 0.173%, and driven the vehicle ahead of it in the same direction as the front line of Seocho-gu Seoul Metropolitan Government, along the four-lane long distance range from the southwest side of Tae-do, along the parallel of the vehicle in the same direction.

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

Nevertheless, the Defendant neglected this and neglected to drive in a state where normal driving is difficult due to the influence of drinking, such as influence of drinking, such as in-fluence, a little fluence, and a large amount of smelling in the entrance, etc., and led to the Defendant’s negligence that the victim D (28C) who is driving in front of the same direction stops the vehicle on the string of the vehicle. However, the Defendant failed to avoid so far as the distance is too difficult, and received the part of the damaged vehicle behind the front part of the Defendant’s vehicle.

As a result, the Defendant suffered approximately two weeks of medical treatment from the victim due to the above occupational negligence.

2. Defendant 1 driving a motor vehicle with a alcohol level of 0.173% from the blood alcohol level around the Gyeonggi-si to the above accident site under the influence of alcohol at the time of the same day as the above paragraph 1 of the Road Traffic Act. Defendant 1 driving the motor vehicle with a 3km lurb from the roads near the Gyeonggi-si to the above accident site.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the occurrence of D traffic accidents;

1. A person who makes a traffic accident report and takes the main place;

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