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(영문) 서울서부지방법원 2014.05.27 2013고단3346
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. On October 29, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.168%, and around 06:51 on October 29, 2013, the Defendant driven a 7km large-scale passenger vehicle at around 47-10 front of the Seoul Seodaemun-gu Hongdong, Seodaemun-gu, Seoul.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a large franchise.

On October 29, 2013, the Defendant, while under the influence of alcohol on 06:51, the blood alcohol concentration of 0.168%, was driven by the flusing large passenger vehicles, and the Defendant driven the three-lane road of 47-10, Seodaemun-gu Seoul, Seodaemun-gu, Seoul, toward an independent door on the side of the flusing basin, led to a speed that is impossible to identify along the one-lane.

Since the location is where a crosswalk is installed, a person engaged in driving service has a duty of care to thoroughly operate the front-time and safely.

Nevertheless, while under the influence of alcohol, the Defendant, while neglecting the above duty of care, was negligent in entering the crosswalk to the yellow signal, and caused the victim to be shocked by the victim D(the age of 31) who driven along the crosswalk to the port from the right side of the direction of the horse course, by taking the two-wheeled vehicle driven by the victim D(the age of 31) who driven along the crosswalk to the port.

As a result, the Defendant suffered injury to the victim, such as a closed light light and a non-alley body body felball, for about 10 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Reports on each traffic accident, reports on detection of drivers, and response to requests by the National Institute of Scientific Investigation for Assessment;

1. Investigation report (official application of the Ba mark);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 3 (1) 1 and 8 of the same Act, and the Criminal Act;

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