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(영문) 서울동부지방법원 2017.06.15 2017고단519
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the C SP area.

At around 00:40 on January 21, 2017, the Defendant driven the car in the above SP while under the influence of alcohol content 0.114% in blood, and was driven by the Defendant at the point of accident while driving the two-lane (including bus median) in the direction of the road driving distance from the remote distance of the head of Gangdong-gu Seoul Metropolitan Government on January 21, 2017.

It is a place where a bus center is installed and a U-turn is prohibited, so there was a duty of care to drive safely according to signal instructions made by a person engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant violated the signals and instructions while making it difficult for the Defendant to drive a car normally and carried the front side of the F (F) driven by the injured party E (57 years old) who was traveling along the bus center in the center of the bus, was divided into the left side of the F (P) car in the above SP, and due to the shock, the vehicle in the SP is sealed to the right side of the said SPP car, and the lower part of the HP taxi driven by the injured party G (54 years old) who was waiting in the traffic at the two-lane, was turned into the right side of the FP car.

Ultimately, the Defendant suffered injury to the victim E and the victim G, such as light salt in need of approximately two weeks’ medical treatment, injury to the passenger I (55 years) aboard a taxi in need of approximately three weeks’ medical treatment, and injury to the victim J (56 years old) (56 years old), who was another passenger aboard a taxi, in need of approximately two weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in G and E;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to traffic accident reports;

1. In cases of causing bodily injury to the driving of a relevant legal danger to the crime: The driving of a motor vehicle under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (elective Selection) is conducted:

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