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(영문) 서울중앙지방법원 2011.11.24 2011고정5506
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 13,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

"2011 High Court 5506"

1. On August 30, 2010, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving B Poter cargo vehicles with blood alcohol concentration of 0.248% under the influence of alcohol around 20:30 on August 30, 2010, and operated the B Poter with one lane of the third one of the third two lanes in front of the New Tridong, Dongjak-gu, Seoul, the New Tridong Park.

At the time, the Defendant had significantly weak the ability to properly operate the steering and brakes while under the influence of alcohol.

In this case, the defendant has a duty of care to immediately stop driving of a motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant, without examining whether or not there is a vehicle in the rear side and neglected to stop due to negligence, was shocked by the part on the front of the DNA observer which the victim C was driving.

As above, the Defendant driven under the influence of alcohol in a state where normal driving is difficult due to the influence of alcohol, and the Defendant suffered approximately two weeks of medical treatment to the victim, resulting in a light fluoral dysium.

2. Around 20:30 on August 30, 2010, the Defendant was under the influence of alcohol with a blood alcohol content of 0.248%, and the Defendant driven the said cargo at the section of approximately 150 meters from the Do in front of the New Tridong Hospital in Dongjak-gu Seoul Metropolitan Government to the road in front of 431-67 New Tridong, Dongjak-gu, Seoul Metropolitan Government.

On August 16, 2010, 2010. 21:10 around August 21, 2010, the Seoul Special Metropolitan City E-Road, and on the road in front of Gwanak-gu, Seoul Special Metropolitan City, on the day before the victim F, a parking control Stick was used for three times with the floor of hand on the ground that the parking control Stick was issued two or more.

around 19:11 on April 28, 2010, the Defendant is under the influence of alcohol content of 0.250% from the 200m-1st road of Gwanak-gu, Seoul Special Metropolitan City, the 5-dong 1439-18 Fashion Culture to the front of the Fashion Culture.

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