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(영문) 서울남부지방법원 2016.01.28 2015고정2437
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a B knife car.

A. A. Around May 13, 2015, the Defendant violated the Act on the Aggravated Punishment of Specific Crimes (Death and Injury caused before the risk) led the Defendant to proceed bypassing from the side of the remedy bank the shooting distance at the entrance of the Gangseo-gu Seoul Metropolitan Government 19-ro, Gangseo-gu, the Gangseo-gu, the Gangseo-gu, Gangseo-gu, to the erogate tunnel.

The accident site is a flat intersection where signal lights and central lines are installed, and a person engaged in driving service has a duty of care to safely pass along the right side of the center line.

Nevertheless, the Defendant was under the influence of alcohol concentration of 0.172% in blood, and after the accident, the police station was also in a situation where normal driving, such as snow snow snow snowing in snow condition, etc., was impossible even at the police station, but at the site of the accident, the Defendant, while driving a motor vehicle, conflicts with the victim C ( South, 73 years old) who was in the atmosphere for left-hand turn at the center line going beyond the center during the right-hand phase.

As a result, the Defendant suffered injury to the victim, such as catum salt, tension, etc., which requires three weeks of treatment due to such occupational negligence.

B. The Defendant on the violation of the Road Traffic Act (drinking driving) driven the vehicle on the unbreath section while under the influence of alcohol content 0.172% in blood at the above date and at the above location.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to a report on the detection of drivers engaged in driving, such as a fact-finding survey report (traffic accident report), vehicle photograph, traffic accident occurrence report, diagnosis report, internal investigation report (whether normal operation is possible), taxi booms, CDs, the results of measurement of drinking, the statement in the circumstances of drivers engaged in driving, and the report on detection of drivers engaged

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. 7 million won of a fine for a sentence sentenced (the discovered drinking value);

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