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(영문) 서울남부지방법원 2015.12.09 2015고정2079
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol on June 22, 2015 at around 23:35, with a blood alcohol concentration of 0.172%, the Defendant driven the front road of Geumcheon-gu Seoul Metropolitan Government along two-lanes from the side of the export bridge to the name of the light from the side of the export bridge.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and he/she has a duty of care to prevent accidents by driving a motor vehicle in a safe manner by safely examining the traffic situation.

Nevertheless, the Defendant, while under the influence of alcohol, did not properly check the traffic situation in the front direction while driving, was negligent in driving stroke, and when stroke in the same lane as at the time when stroke, led the part of the Defendant’s vehicle E-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wed

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

2. While the Defendant was under the influence of alcohol concentration of 0.172% at the time under the preceding paragraph, the Defendant driven the said vehicle from the front of the additional digital group in Geumcheon-gu Seoul, Geumcheon-gu to the place of the accident under the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report, a traffic accident occurrence report, and an accident site photograph;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and the choice of punishment.

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