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(영문) 서울중앙지방법원 2016.07.21 2016고정1168
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a passenger car in B SP area.

On February 29, 2016, the Defendant driven the above vehicle under the influence of alcohol level of 0.146% during blood transfusion around 00:30, and driven the front road of Gangnam-gu Seoul Metropolitan Government at a speed of 1 lane in the direction of the shooting distance in front of the Cheonggu Park from the Cheonggu Park at the shooting distance.

At the time, the Defendant was under the influence of alcohol and was in a difficult condition to drive normally.

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 drinking, and has a duty of care to prevent accidents in advance by driving a motor vehicle safely, such as making a good report on the traffic situation, accurately manipulating steering equipment, etc.

Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the vehicle so as to stoply, and the victim D, who is waiting for a signal at the lane in the direction of the Defendant’s proceeding, led to the front part of the Defendant’s driving vehicle.

As a result, the Defendant suffered, by negligence in the above business, the injury to the victim D, such as finite finites, which requires approximately two weeks of treatment to the victim F who is the passenger of the damaged vehicle, the injury of finite finites, etc. requiring approximately two weeks of treatment to the victim G, the injury of finite finites, etc. requiring approximately two weeks of treatment to the victim G, and the injury of finite finites, which requires approximately three weeks of treatment to the victim H who is the same passenger of the same vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. A traffic accident occurrence report;

1. A report on the record of pulmonary measurement, a statement in the circumstances of the main driver, and a report on the detection of the main driver;

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

1. Aggravated punishment of specific crimes as provided in the corresponding Article of the Act regarding criminal facts.

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