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(영문) 서울동부지방법원 2014.10.10 2014고정1460
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person engaging in driving service of benz passenger automobiles under the Act on the Aggravated Punishment, etc. of Specific Crimes;

On May 18, 2014, at around 02:50, the Defendant driven the above vehicle while under the influence of alcohol of 0.145% with a blood alcohol concentration of at least 0.145%, and proceeds at about 10km per hour depending on the speed of the river station in Gangdong-gu Seoul Metropolitan Government, toward the direction of the five-lane old-ro 94 and the front speed of the (Songdong-dong-dong-dong-dong).

The lanes have been changed to three lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to drive a motor vehicle in a situation where it is difficult to drive a motor vehicle normally due to drinking, by operating direction, etc., in advance of the change of course, and by properly examining the traffic conditions of the front and rear left, and by changing the lane.

Nevertheless, when the Defendant neglected to pay attention to the change of the vehicle line as it is due to the negligence of changing the vehicle line as it is, the Defendant was under the influence of alcohol, following the right-hand side of the victim C(65 years old) driving of the victim C(65 years old) who was proceeding three lanes of the running direction of the vehicle of the Defendant.

As above, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood that requires medical treatment for about two weeks, by negligence in the course of performing duties, while driving a motor vehicle normally due to drinking.

2. On the same date and time as in the preceding paragraph, the Defendant driven the said B-V passenger car with a blood alcohol concentration of about 0.145% from the 20m section of Gangdong-gu Seoul Metropolitan Government to the site of the said accident.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a passenger car in Benz.

The Defendant operated an automobile that was not covered by mandatory insurance at the same time and place as the preceding paragraph.

Summary of Evidence

1. The defendant's legal statement 1.

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