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(영문) 서울북부지방법원 2013.04.16 2013고정971
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM7 car owned by the defendant's father B.

1. On December 31, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the above vehicle on the road in front of the Gongneung-dong Park, Seoul Special Metropolitan City, Nowon-gu, 678-2, Gongneung-ro Park, and led the vehicle to proceed at an aesthetic speed depending on four-lanes from the rollingneung-dong, Seoul Special Metropolitan City to the lux of the lux of the

Since it was night and snow at the time, there was a duty of care to prevent accidents by thoroughly seeing the right and the right of the front while accurately operating the steering direction and brake system of the vehicle.

Nevertheless, the Defendant neglected the above duty of care, and instead, did not discover the victim D (19 years old) who was driving a bicycle on the front side of the same vehicle and got the victim to go beyond the floor by driving the bicycle on the front side of the above vehicle, due to the negligence of driving the bicycle in a state where it is difficult to drive the bicycle normally due to drinking, such as with red and snow shocking.

Ultimately, the Defendant caused injury to the victim, such as light fluoral salt, which requires approximately two weeks of treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph 1, driving the said vehicle under the influence of alcohol content of about 0.150% from a 50-meter section of 500 meters away from the roads adjacent to the YYdong, Seoul Special Metropolitan City, Nowon-gu to the roads adjacent to the YYYdong, 678-2 GongYdong, Seoul Special Metropolitan City, Nowon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Reporting on investigation ( Results, etc. of suspect investigation);

1. The report on the actual condition of a traffic accident, the report on the occurrence of a traffic accident, the report on the detection of a drinking driver, and the report on the circumstantial statement of a drinking driver; and

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