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(영문) 서울서부지방법원 2016.10.04 2016고단2620
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 8, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving a B ASEAN car as a duty, and driving a two-lane road in front of Mapo-gu Seoul at a level of 0.239% alcohol level, while under the influence of alcohol level 0.239%, the Defendant proceeded with the two-lane road in front of Mapo-gu Seoul Metropolitan Government, one lane in the direction of the shooting distance in the red-fluoring area

At the time of night, a person driving as a job has a duty of care to make the speed reduced and safe according to the traffic situation by accurately operating the steering gear and brakes while living well before, after, after and after the night.

Nevertheless, the Defendant divided a speech into two-lanes due to influence of drinking, took a walk, and neglected to drive a motor vehicle in a state where it is difficult to drive a motor vehicle normally due to snow, etc., and led to occupational negligence, which led to the victim D, who stops in the same direction as that of a traffic signal at the same direction, and collisions with the part of the motor vehicle flow left ahead of the motor vehicle volume of the Defendant.

As a result, the Defendant suffered injury to the victim, such as dynasium and pelvise, and tension in the part where it is deemed necessary to give approximately three weeks of medical treatment by occupational negligence as above.

2. Around 01:40 on May 8, 2016, the Defendant driven a B e-mail vehicle under the influence of alcohol by 0.239% in the section of approximately 1km from the upper end of the upper end of the city in Mapo-gu Seoul Metropolitan Government to the front end of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Traffic accident report (1) traffic accident report (1) actual condition survey report, report on detection of drinking drivers, and report on the circumstantial statements of drinking drivers;

1. Application of Acts and subordinate statutes to report on investigation (as to submission of a medical certificate by a victim);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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