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(영문) 서울서부지방법원 2016.09.01 2016고단1471
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. On April 14, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving J K7 cars under the influence of alcohol level 0.1% on the front road of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, while under the influence of alcohol level 0.50%.

A driver has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, and accurately manipulating the steering direction and brakes.

Nevertheless, while under the influence of alcohol, the Defendant was driven by the victim K(32 years of age) who was parked in the same lane due to the negligence of driving while neglecting this, and was driven by the victim K(32 years of age).

결국 피고인은 음주의 영향으로 보행은 흔들거리며 혈색은 빨갛게 상기되어 있는 등 정상적인 운전이 곤란한 상태에서 승용차를 운전하여 피해자 K에게 약 3주간의 치료가 필요한 경추의 염좌 및 긴장상 등을, 피해차량 동승자 피해자 M(33세) 및 피해자 N(25세)에게 약 2주간의 치료가 필요한 경추의 염좌 및 긴장상 등을 각각 입게 하였다.

2. The Defendant violated the Road Traffic Act (driving) at a temporary border, such as paragraph (1), driven a J K7 car in the state of alcohol alcohol concentration of about 0.1% in the section of about 8km from the road near Emart in Yongsan-gu Seoul Metropolitan Government to the front road of Seodaemun-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of K's traffic accident;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle).

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