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(영문) 서울북부지방법원 2013.04.18 2013고단251
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. Around 05:00 on December 19, 2012, the Defendant driving a BSM-5 car under the influence of alcohol concentration of about 0.187% at the section of about 5km from the front of the Taeneung-dong in Seoul Special Metropolitan City, Nowon-gu to the front of the Taeneung-dong 144-49, Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul, with a blood alcohol content of about 0.187%.

2. 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 BS5 automobiles.

around 05:00 on December 19, 2012, the Defendant driven the said car under the influence of alcohol, as set forth in paragraph (1), and driven the two-lane road in front of the 144-49 arm's length in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with one-lane from the direction of the direction of the dule Sapb, to the direction of the direction of the dule distance.

At night, the Defendant was at night and the Defendant was behind the DK5 Habrid car driven by the victim C(the age of 32) prior to the same direction, and thus, the Defendant had a duty of care to prevent accidents in advance, such as: (a) a person engaged in driving of the vehicle was well aware of the situation; (b) a person engaged in driving the vehicle; and (c) a person engaged in driving the vehicle was obliged to take a duty of care to ensure safety distance from stopping the vehicle when the vehicle stopped the vehicle

Nevertheless, as seen above, the Defendant was negligent in driving in a state where normal driving is difficult due to influence of drinking, and found late to stop the above K5 Habrid car to turn to the left, and took a sudden operation measure. However, the Defendant did not avoid it, but received the above K5 Habrid car back to the right part of the vehicle left to the left part of the vehicle driven by the Defendant.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties, such as the cryp and the crypumumumum cryp.

Summary of Evidence

1. Defendant's legal statement;

1. C.

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