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(영문) 서울중앙지방법원 2015.01.16 2014고정5354
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On July 19, 2014, the Defendant driven the above vehicle while under the influence of alcohol 0.171% of blood alcohol level on July 17:57, 201, and led the front road of the Seocho-gu Seoul Metropolitan Government C building to proceed at the speed of 40km per hour in the direction of the Seoul Arts Center at the Seocho-IC bank.

In such cases, a person engaged in driving duty has a duty of care to keep the safety distance from the front side and the left side, secure the safety distance with the vehicle in front, and refrain from driving the vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, the Defendant, while neglecting the influence of alcohol and neglecting it, was negligent in driving at the same direction as that of the victim D (34 years old) driving in the same direction as the signal atmosphere, and received the part of the Defendant’s front part of the vehicle.

As above, the Defendant suffered injury to the driver of the damaged vehicle D due to the negligence in the course of driving a motor vehicle while driving the motor vehicle normally due to alcohol for about two weeks, such as the left-hand shoulder, the catal catal catum, the catal catal catum, the catal catal catal G (54) and H (49) requiring approximately two weeks of treatment to the driver of the damaged vehicle D, the catal catal catal catum requiring approximately two weeks of treatment, and the catal catal cat catal catum that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on detection of a drinking driver, and a report on the circumstantial statement of a drinking driver;

1. A written statement on the occurrence of a D traffic accident;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on accident-related photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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