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(영문) 서울동부지방법원 2015.09.11 2015고정1331
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

가. 특정범죄가중처벌등에관한법률위반(위험운전치사상) 피고인은 B 50cc 프라마 랠리 원동기장치자전거의 운전업무에 종사하는 사람이다.

On June 23, 2015, the Defendant driven the above vehicle while under the influence of alcohol of 0.148% of blood alcohol concentration around 04:10, and continued the front side road of Gangdong-gu Seoul Metropolitan Government toward about 10km from the direction of the cancer library at the direction of the cancer station.

In such cases, a person engaged in driving of a vehicle has a duty of care to safely drive the vehicle by reporting the right and the right and the right of the vehicle, and to refrain from driving the vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, under the influence of alcohol, the Defendant got the front part of the Defendant’s motorcycle part of the bridge of the victim D (V, 66 years old) who walked on the road in the opposite direction when he was negligent in driving.

As above, the Defendant suffered injury, such as the right-hand dump salt, etc., which requires medical treatment for about three weeks, by negligence in the course of performing duties, while driving a motor vehicle normally due to drinking.

나. 도로교통법위반(음주운전) 피고인은 위 ‘가.’항과 같은 일시에 서울강동구 암사동에 있는 청송노래방 앞 도로에서 위 사고장에 이르기까지 약 100m 구간에서 혈중알콜농도 0.148%의 술에 취한 상태로 B 50cc 프라마 랠리 원동기장치자전거를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. A survey report on actual conditions, a traffic accident occurrence report; 1. A report on the results of measuring alcoholic beverages, and a report on the actions against a drinking driver;

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

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

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