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(영문) 서울북부지방법원 2016.01.27 2016고정111
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a radar vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On December 1, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.117% among blood transfusions on December 22:45, 2015, and driven the three-lane road of the Seoul Dongdaemun-gu Seoul Dongdaemun-gu main road in front of the Dongdaemun-gu Seoul Metropolitan Government along the one-lane direction in the direction of water flow from the fluence of the government.

At the time, the defendant was in a state of difficulty in normal driving due to influence of drinking, such as the distance between the blicking and the walking.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol while it is difficult for him/her to drive a motor vehicle, and has a duty of care to prevent accidents by accurately manipulating the steering system, brakes, etc. of the motor vehicle and accurately manipulating the steering system of the motor vehicle.

Nevertheless, the Defendant neglected this and found that the victim D (son, 45 years old) driven by Ei30 vehicles driving ahead of the same direction in the same direction due to the negligence, which led to the Defendant’s failure, delayed detection, and the front part of the Defendant’s vehicle, thereby causing injury to the victim, such as salt, tensions, etc. in need of approximately three weeks of medical treatment by receiving the victim’s vehicle back to the front part of the Defendant’s vehicle.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as dump dump, tension, etc. which requires approximately three weeks of medical treatment to the victim.

2. Defendant 1 driven B rolling stock at approximately 2 km from the roads adjacent to the Dongdaemun-gu Station in Seoul to the main road of Dongdaemun-gu Seoul Metropolitan Government, while under the influence of alcohol level of 0.17% during the day-to-day border blood during the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. D. D.

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