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(영문) 서울북부지방법원 2014.10.31 2014고정1742
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

The defendant is a person who drives a vehicle B in the course of business.

1. On May 21, 2014, the Defendant driven the said car at a distance of approximately KRW 500 meters from the front day of the Dogdong, Dobong-gu, Seoul to the front day of the 709-dong, Dobong-gu, Seoul, while under the influence of alcohol at around 22:45, the blood alcohol concentration of 0.16%.

2. The Defendant, while under the influence of alcohol content of 0.116% in a temporary border like the preceding paragraph, was driving two-lanes between three-lanes in the direction of friendly movement from a cultural and long distance protection area of Dobong-gu Seoul, Dobong-gu, Seoul.

A person engaged in driving motor vehicles has a duty of care to care in driving motor vehicles in a state that it is difficult to drive motor vehicles normally due to drinking, while accurately operating the steering gear, steering gear, and brakes.

Nevertheless, the defendant neglected to stop and neglected to stop in the same lane, and caused the D's sub-motor vehicle behind the victim C(the 47-year-old driver) driving, which was under the influence of traffic signal stopping at the same lane, to cause the driver to get the flive driver's vehicle of the victim E(the 40-year-old driver) driving, which was under the influence of stopping in the future.

As above, the Defendant suffered from each of the negligence in the course of driving a motor vehicle in a situation where normal driving is difficult due to drinking, such as salt pans, etc. in the light of the light that requires approximately two weeks of medical treatment to the victim C, and the light pans, etc. in the front of the light that requires approximately two weeks of medical treatment to the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in C and E preparation;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Each written diagnosis (C, E);

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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