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(영문) 서울중앙지방법원 2015.10.29 2015고정1932
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), Violation of the Road Traffic Act (Driving) and the violation of the Road Traffic Act are those who are engaged in driving service of Ortobane at 124 cc.

On August 7, 2012, the Defendant was under the influence of alcohol at a 0.187% of blood alcohol concentration on August 7, 2012, and the Defendant driven the above Orabab in Seongbuk-gu Seoul Metropolitan Government roads in the direction of opening in the emergency room of the Ansan Cancer Hospital at the Korea National University.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to make the driver not drive a motor vehicle in a situation where it is difficult to drive the motor vehicle normally due to drinking.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive it as it is and neglected, led to a shock on the right side of the DNA vehicle driven by the victim C (41 years of age and inn) who was driven by the victim C (41 years of age and inn).

As above, the Defendant suffered injury to the victim, such as light salt, which requires medical treatment for about two weeks, due to negligence in the course of performing duties, while driving a motor vehicle in a situation where normal driving of the motor vehicle is difficult due to drinking, and damaged the damaged motor vehicle by causing approximately KRW 3,623,90 of repairing cost to the injured motor vehicle.

B. At around 20:45 on the same day as in the preceding paragraph, the Defendant openly insulting the victim E, a police officer, by stating that “I knife kneel kel kel kel kel kel kel knife knife knife knife knife knife knife knife knife knife knife.”

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A performance-based driver report and a traffic accident occurrence report;

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