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(영문) 서울동부지방법원 2015.01.07 2014고정2090
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. Around 03:30 on September 27, 2014, the Defendant driven a car of Bsch Rexton under the influence of alcohol content of about 0.174% at the 3km section of alcohol from the Do in front of the Olympic player's flag apartment in Songpa-gu Seoul, Songpa-gu, to the front road of the bus stops in the lock-gu, Songpa-gu, Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) is a person engaging in driving of a vehicle as stated in paragraph (1). The Defendant driven the said vehicle while under the influence of alcohol of 0.174% in blood alcohol concentration, such as the string of snow, heavy snow snowing at the time and place specified in the same paragraph, and the string of walk, along the four-lane road in front of the bus stop at the bus stop in the Songpa-gu Seoul Songpa-gu Seoul Metropolitan City as it is running the said vehicle, along the direction of the sub-committee in the direction of the sub-committee in the direction of the sub-committee.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the traffic situation on the front side well and accurately manipulating the steering gear, etc.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, but found late after the victim C (the 55-year old) driven by D business taxi in the same direction, and was taking urgent action to stop the taxi, but did not stop, and did not look at the part forward of the Defendant’s vehicle in the front part of the damaged vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the victim to suffer injury, such as light fluoral salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A survey report on actual condition, a report on detection of drivers, and a report on the actual status of drivers;

1. A medical certificate;

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