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(영문) 서울중앙지방법원 2015.07.07 2015고정2032
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 4.5 million won.

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

Reasons

Punishment of the crime

The defendant is engaged in driving off the Oralba.

On March 20, 2015, at around 00:09, the Defendant driven the above Otoba while under the influence of 0.131% of blood alcohol concentration, and driven the front road of Gangnam-gu Seoul Special Metropolitan City at a speed of the speed of the Si/Si/Gun, using the two-lanes of the three-lanes from the backside of the calendar distance to the offside of the next hospital distance.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely maintain a safe distance while accurately operating the steering and steering gear, and to refrain from driving a motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the defendant neglected the alcohol while securing the safety distance, and neglected it, led to the right side of the victim D(33 years old)'s EMW car stopped in front of the stop signal in front of the same direction.

As seen above, the Defendant, while driving a motor vehicle in a situation where normal driving of the motor vehicle is difficult due to drinking, was negligent in the course of business, thereby causing bodily injury to the victim, as well as causing damage to the climatic base and the tension, which requires a medical treatment for about a week, as well as destroying property equivalent to KRW 4,807,300, and escape without taking any measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A report on the statement of the status of a driver and an investigation report (applicable with the mark);

1. Application of the Acts and subordinate statutes governing diagnostic certificates, estimates for repair, and photographs of damaged vehicles;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148 and Article 54 (1) of the Road Traffic Act, Article 148 and Article 148-2 (2) 2 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act, the selection of fines for each crime;

1. Article 37 of the Criminal Code among concurrent crimes.

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