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(영문) 서울중앙지방법원 2014.10.16 2014고정4407
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the B Radon car owned by the passenger security system of a corporation.

On July 15, 2014, at around 03:59, the Defendant, while under the influence of alcohol 0.156% of the blood alcohol concentration, fluencing face in red and in a breacing, in an inaccurate manner, and even though the galm is in such a state that normal driving is impossible due to the influence of drinking, such as a drinking distance, the Defendant driven the said vehicle, which led to the driving of the said vehicle at the front of the location of the Changdong branch of Jongno-ro 347 Han Bank, Jongno-gu, Seoul, the Defendant driven the two-lanes between the two-lanes from the intersection towards the galter of the same tomb.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to maintain the safety distance with the motor vehicle ahead and to refrain from driving a motor vehicle under the condition that it is difficult to drive a motor vehicle normally due to drinking.

Nevertheless, the Defendant, while under the influence of alcohol, went to an accident point as it was due to negligence while driving, was driven by the victim C(the age of 32) who is in the atmosphere of the signal prior to the same direction, and received the back part of the D-Wed-Wed Vehicle as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the injury of the victim C and the victim E (the age of 32) by negligence in the course of performing duties that drive a motor vehicle while normal driving of the motor vehicle is difficult due to drinking alcohol, such as “influent salt c.” that requires two weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of C and E;

1. A report on investigation (forth, 65 pages of investigation records);

1. A traffic accident report, a traffic accident report, a situation report of a drinking driver, a statement on the circumstances of a drinking driver, and a report on detection of a drinking driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to vehicle photographs;

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

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