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(영문) 서울중앙지방법원 2013.06.21 2013고정861
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On November 3, 2012, the Defendant driven a B-Adi vehicle while under the influence of alcohol of 0.231% of alcohol content from the Seocho-gu Seoul Metropolitan Government Seocho-gu to the front road of Seocho-gu, Seocho-gu, Seocho-gu, Seoul at around 08:08 on the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a motor vehicle.

On November 3, 2012, the Defendant driven the said vehicle under the influence of alcohol of 0.231% of blood alcohol level around 08:08, and driven the front road of Seocho-gu Seoul Metropolitan Government Seocho-dong 1316-17, Seocho-gu, Seoul, along the direction from the south side to the slowly along the direction of Gangnam-do.

In such cases, the driver has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes of the vehicle and to prevent accidents.

Nevertheless, the Defendant neglected to drive under normal conditions due to influence of drinking so that it was difficult for him to do so and did not look at the front and left side of the Defendant’s front side by his negligence, thereby causing injury to the victim, such as dbreadth, flaba, left side part of the Defendant’s driving vehicle C (28 years old) driving, which was stopped on the right side of the Defendant’s front side of the Defendant’s driving vehicle and the pentba, and suffered about three weeks of injury to the victim.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement prepared by C;

1. Each statement of the traffic accident report (i.e., the report on traffic accident and the Do Governor’s report);

1. Entry in the circumstantial statement report of a host driver;

1. Statement of the report on the request for appraisal;

1. Descriptions of a medical certificate;

1. Application of each of the visual Acts and subordinate statutes to photographs after an accident site, a vehicle photograph, or a black stuff;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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