(영문) 서울남부지방법원 2018.05.17 2018고단1663

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(영문) 서울남부지방법원 2018.05.17 2018고단1663

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around September 19, 2017, the Defendant violated the Act on the Aggravated Punishment of Specific Crimes (Death and Injury caused before the risk) was driving a motor vehicle of the Audle owned by B himself/herself on the 21:40 on September 19, 2017, and the front portion of D in the Gangseo-gu Seoul Metropolitan Government is driving in a state where normal driving is difficult due to the alcohol concentration of 0.127% on the surface of the erost distance.

At that time, the Defendant was behind the Victim F (the South, 50 years old) driving a G Bluri car prior to the same direction, and thus, the Defendant was obliged to take a duty of care to prevent accidents in advance, such as keeping the safety distance to avoid a stop of the vehicle in front of the driver, securing the safety distance to avoid such a stop, and operating the brakes well.

Nevertheless, the Defendant neglected to do so and was negligent in driving a motor vehicle under the influence of alcohol so that the Defendant left the vehicle due to the negligence of driving the motor vehicle under the influence of alcohol and received the part behind the vehicle in front of the Defendant’s vehicle.

As a result, the Defendant suffered, by negligence on the part of the Defendant, the victim H (the 42-year old age), who was on the top of the steering force of the victimized vehicle, the injury of the fluoral base in need of treatment for about 3 days.

2. On the day set forth in paragraph 1, the Defendant driven a vehicle while under the influence of alcohol in a state of 0.127% of alcohol concentration in blood at approximately 200 meters from the day before the Yangcheon-gu Seoul Esastm to the day before D located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A traffic accident report;

1. A certificate of the measurement of drinking alcohol, a report on the detection of the driver involved in driving, and a report on the situation of the driver involved;

1. Blucs cambling CD images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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