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(영문) 서울중앙지방법원 2014.12.04 2014고정4893
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 14, 2014, at around 21:50, the Defendant driven a Brodice car with a blood alcohol concentration of 0.107%, while under the influence of alcohol, and led the Seoul, Gangnam-gu, Seoul, to proceed as the Olympic Winter-dong 397 Olympic Winter-dong, Gangnam-gu, Seoul, in one way among four lanes.

A person engaged in driving of all vehicles shall not drive a motor vehicle in a state where normal driving is difficult due to drinking, and has a duty of care to prevent accidents in advance by reporting well the traffic situation in the front side and safely driving.

Nevertheless, the Defendant, while neglecting the duty of care under the influence of alcohol, conflicts with the front part of the victim C(33 years old) drive of the victim C(33 years old) that was under the influence of alcohol with the front part of the car driven by the Defendant, and due to the shock, the front part of the said rocketing car conflict with the victim E(22 years old) driving.

As a result, the Defendant, through occupational negligence, sustained injury to the victim C (33 years old), such as chlostal salt, tensions, etc., which requires approximately two weeks of treatment, and injury to the victim F (36 years old), who is the passenger of the above rocketing vehicle, to the victim F (36 years old), requiring approximately two weeks of treatment; injury to the victim E (22 years old), such as clostal and tensions, requiring approximately two weeks of treatment; injury to the victim E (22 years old); and injury to the victim G (V), who is the passenger of the above K3 vehicle, requiring approximately two weeks of treatment.

2. At the date and time set forth in the preceding paragraph, the Defendant started from the road front of the main station in Jongno-gu Seoul Metropolitan Government, in the state of alcohol 0.107% alcohol concentration, before the main station in Jongno-gu, Jongno-gu, Seoul, and operated Brosp car approximately 10km from the crosp car to the Olympic (dive direction) in Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A report on internal investigation:

1. An actual condition survey report, a traffic accident occurrence report, a report on detection of a host driver, and the drinking driver;

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