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(영문) 서울남부지방법원 2016.07.12 2016고정946
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

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaging in driving a rocketing car.

On December 26, 2015, the Defendant driven the said vehicle as his duties in a state of difficulty in normal driving due to influence of drinking, such as rhyming the horse with a alcohol content of 0.117% at around 05:05, the Defendant driven the said vehicle at a speed of about 20km per hour between the two lanes in the direction of the financial apartment in the direction of the above dump and the bank.

Since the place is where a yellow domin line is installed, a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the tea.

Nevertheless, the defendant neglected this and conflict with the front part of the vehicle driven by the defendant, which is driven by the victim C(35 years old) of the opposite part by the fault of the center line, with the front part of the vehicle driven by the defendant.

As a result, the Defendant suffered injury to the victim, such as salt panion, which requires approximately three weeks of treatment due to the foregoing occupational negligence while under the influence of alcohol.

B. Defendant 1 driven the said vehicle about 1 km from the 6th of New Month in Yangcheon-gu Seoul Metropolitan Government to the 7th-ro 4-ro o-ro 7 third-party oon o, while under the influence of alcohol content 0.17% in blood at the same time as the above paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. A certificate of drinking alcohol measurement and a statement in the circumstances of the driver involved in drinking;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act (a point of causing danger driving), Article 44 (1) of the Road Traffic Act (a point of causing danger driving), and the selection of fines for each crime;

1. Aggravation concurrent crimes;

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