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(영문) 서울서부지방법원 2016.11.09 2016고단1628
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

1. On May 1, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and the Road Traffic Act: (a) around 05:07, a house that does not have the front line of Yongsan-gu Seoul Metropolitan Government C was under the influence of alcohol concentration of 0.138% in blood alcohol level, and (b) was driven by a Domp XD car from the seat of the Domp market to the Domp elementary school.

당시는 새벽녘이고 그곳은 폭이 좁고 주차된 차량이 많은 주택가 이면도로이므로 자동차의 운전업무에 종사하는 피고인으로서는 전방을 잘 살피면서 길가에 주차된 자동차를 발견할 경우 제동장치를 제대로 조작하여 사고를 미리 방지하여야 할 업무상 주의의무가 있었다.

Nevertheless, under the influence of alcohol, the Defendant was unable to operate the brakes properly due to negligence, and was parked on the right side of the driving direction, and received the back of the F Poter Cargo in the victim E, which was parked on the right side of the driving direction.

As a result, the Defendant: (a) while driving the said car in a state where normal driving is difficult due to influence of drinking, suffered from the injury to the victim G (V, 29 years of age) who was on the steering ground of the said car; (b) 1,659,000 won of the said car by exchanging the said car with the back-hander, etc.; and (c) at the same time, damaged the said car to be repaired.

2. Around 05:00 on May 1, 2016, the Defendant driven a DNA-packed XD car with a blood alcohol content of about 500 meters from the front of the same Gu’s front house adjacent to Yongsan-gu Seoul, Yongsan-gu, Seoul to the back road, while under the influence of alcohol of about 0.138% from the section of about 500 meters, to the back road.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A written statement of the occurrence of E traffic accidents;

1. A fact-finding survey report and a report on detection of a host driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (verification of expenses);

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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