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(영문) 서울중앙지방법원 2016.07.06 2016고단3404
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who drives Crocketing and another car as his/her duties in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On April 23, 2016, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.207% among blood transfusions on April 13, 2016, while normal driving is difficult, and led to the driving of the above vehicle in front of the 638 large forest shooting distance, as Seoul Dongjak-gu Seoul Metropolitan Government, along the two-lanes in the front of the f38 large-scale road, from the new flood control room to the fluence.

In such cases, the defendant engaged in driving service has a duty of care to safely drive the steering gear by accurately operating the steering gear and steering gear while living well on the right and the right and the right.

Nevertheless, the Defendant, as seen above, was negligent in driving at the front time while it is difficult for the Defendant to drive the vehicle normally due to influence of drinking and was in the front part of the Defendant’s vehicle in front of the front part of the victim D (Seoul, 42 years old) driving EK7 vehicle, which was left left to the left at the end of math by negligence.

Defendant 2 suffered injury to the victim, such as fluoral salt, which is necessary for approximately two weeks of treatment due to negligence in the above business.

2. When the Defendant was under the influence of alcohol level of 0.207% during the day-to-day surgery under the preceding paragraph, the Defendant driven the said vehicle at approximately 500 meters from the roads 354-1 to the front of the 638 large forest shooting distance, as Seoul, Yeongdeungpo-gu, Seoul, Seoul, with the influence of alcohol level of 0.207%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. Statement on the circumstances of the driver who is a driver in charge, a report on the measurement of drinking alcohol and a report on the detection of the driver in charge;

1. A written statement on the occurrence of D traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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