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(영문) 서울동부지방법원 2015.11.18 2015고정1754
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

피고인은 B 포르테 쿱 승용차의 운전자이다.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said vehicle under the influence of alcohol level of 0.186% on August 1, 2015, while driving the said vehicle, and driving the said vehicle under the influence of alcohol level of 0.186% on the backway of Gangdong-gu Seoul Metropolitan Government, and driving the backway in the direction of the Gucheon-do from

On the other hand, there is a three-distance intersection at the front side, so in such a case, a person engaged in driving of a motor vehicle has the duty of care to thoroughly check the front side of the road and to prevent accidents by safely driving the motor vehicle, despite the fact that he/she had the duty of care to prevent accidents by safely driving the motor vehicle, he/she neglected the duty of care to prevent accidents by driving the motor vehicle under the influence of alcohol, and the part on the right side of the victim D (the age of 43) driver's Eba car, who was directly engaged in driving at the sea of Ma

In this way, the Defendant suffered from the climatic salt that requires approximately three weeks of medical treatment to the victim due to such occupational negligence.

2. 도로교통법위반(음주운전) 피고인은 전항 일시 장소에서 혈중알코올농도 0.186%의 술에 취한 상태에서 위 B 포르테 쿱 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report on traffic accidents;

1. Records of drinking tests, reports on the status of drinking drivers, and reports on the status of drinking drivers;

1. A medical certificate;

1. Application of Acts and subordinate statutes to vehicles and field photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of fines);

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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