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(영문) 서울서부지방법원 2015.02.16 2014고단3298
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. Around 01:40 on October 3, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving CNS car under the influence of alcohol concentration of 0.114% on the roads in front of Yongsan-gu Seoul, Yongsan-gu, Seoul, while driving CNS car at a speed of about 20km in the direction of the accounting division from the tunnel direction of Namsan 3.

In such cases, the driver of the vehicle has a duty of care to properly operate the brake system according to the surrounding traffic conditions while living well in front of the vehicle.

Nevertheless, the Defendant neglected to do so and failed to properly operate the front-time and the operation of the operation of the operation system, and was driven by the victim D(36 years of age) who stopped in accordance with the new subparagraph in the front-round bank, and was driven by the victim D(36 years of age).

As a result, the Defendant, while driving the said No.S. car in a situation where normal driving is difficult due to the influence of drinking, suffered injury to the victim D, who was on the said No.S. car driving seat, for about two weeks of medical treatment, such as cryp salt fat, etc., and the victim F, who was on the top of the operation of the said B.S. car, was in need of medical treatment for about two weeks of medical treatment.

2. On the date specified in paragraph (1) of this Article, the Defendant driven the NAS car in the state of alcohol alcohol concentration of about 0.114% at the section of approximately 2.5km in the front of Yongsan-gu Seoul, Yongsan-gu, Seoul, a lot hotel located in the 30-ro B, Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report, the report on detection of a de facto driver, and the circumstantial statement of a de facto driver;

1. Control manual and investigation report (to hear statements by control police officers);

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

1. Each of the provisions of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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