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(영문) 서울중앙지방법원 2016.05.18 2016고정1228
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who drives B Coin as his/her duty a car in breach of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On March 3, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.110% during blood alcohol level on March 23, 2016, while normal driving is difficult due to the influence of alcohol level of 0.110%, and led the Defendant to drive the said vehicle under the influence of normal driving, at the basin of the station in which the distance of death at the front of Seoul Gangnam-gu Seoul Metropolitan Government C was located, straightened by five-lanes at the seat of the hospital

In this case, the defendant engaged in driving service has a duty of care to safely drive his or her steering system by living well the right and the right and the right and the right and the right and the right and the right and the right of operation.

Nevertheless, the Defendant, as seen above, was negligent in driving a motor vehicle in the front direction while driving the motor vehicle in a situation where normal driving is difficult due to influence of drinking, and due to negligence, the part adjacent to the left side of the victim D(43 ) driver's EN driver's vehicle (43 ) driver's vehicle in the front direction of the motor vehicle.

Defendant 1 suffered injury, such as dump dump dump, which requires approximately three weeks of medical treatment due to negligence on the part of the above business.

2. While the Defendant was under the influence of alcohol level of 0.110% during the day-to-day alcohol level as specified in paragraph (1), the Defendant driven the said vehicle from the roads near Gangnam-gu Seoul Metropolitan City to the roads near the Gangnam River basin to the same Gu C in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. A traffic accident report, a statement on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. Application of statutes on site photographs and diagnostic certificates;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the selection of fines);

1. Aggravation concurrent crimes;

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