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(영문) 서울북부지방법원 2014.03.17 2014고정398
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a wing and cargo vehicle B.

1. On October 27, 2013, the Defendant driven the said cargo while under the influence of alcohol 0.161% of alcohol level on October 27, 2013, and proceeded to turn to the left from the right edge on the side of both 723 personal identification card, Dobong-gu, Seoul, both-gu, to the right edge.

2. At the same time and at the same place as in paragraph 1, the same time and night, and the place is an intersection with a large number of vehicles passing along due to the lack of vehicular classification, the driver of a motor vehicle is prohibited from driving the motor vehicle while normal driving is difficult due to influence of drinking, and the driver of a motor vehicle has a duty of care to properly manipulate the front side and to prevent accidents by properly manipulating the steering and brakes.

Nevertheless, the Defendant, under the influence of alcohol, was unable to properly see the front side and failed to properly operate the steering gear, and the Defendant was at the front side of the freight driven by the Defendant, and the victim E (the 32-year old age), who was under the atmosphere, parked in order to pass along with the freight driven by the Defendant, was injured by the Defendant’s c and the above fright part of the frighter in front of the left side of the freight driven by the Defendant, with the part of the frighter in front of the freight driven by the Defendant, and was on the fright to the Defendant and the above fright to the Defendant’s e (the 32-year age age), respectively, by causing about two weeks medical treatment.

Accordingly, the Defendant, as seen above, driven a motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of drinking, and caused the victims to suffer injury.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

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

1. The actual condition survey report, the report on detection of a de facto driver, and the circumstantial statement of a de facto driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing vehicles and field photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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