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(영문) 서울서부지방법원 2016.08.23 2016고단1569
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. Around 04:55 on May 7, 2016, the Defendant: (a) driven a cuber under the influence of alcohol at a section of approximately 500 meters from the front line of the trade in French-dong, Mapo-gu, Seoul to the front line of Mapo-gu, Seoul, with a alcohol concentration of about 0.201%.

2. Violation of the Act on the Aggravated Punishment of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a motor vehicle with Cnikis.

On May 7, 2016, the Defendant driven the said car while under the influence of alcohol level of 0.201% among blood transfusions on May 7, 2016, and driven the two-lane road in front of Mapo-gu Seoul Metropolitan Government at the upper end of the road from the upper end of the road to the intersection distance.

In such cases, a person engaged in driving service has a duty of care to safely operate the system and steering gear, and prevent accidents by driving it.

Nevertheless, the Defendant, while driving under the influence of alcohol, was in a difficult condition to drive normally, was negligent in driving without due care of the traffic situation on the front side, and received a stop signal in front of the Defendant’s driving direction, and received the part of the Defendant’s front part of the Defendant’s vehicle, following the vehicle for the EM5 riding of the victim while waiting in the atmosphere.

As a result, the Defendant caused the injury to the victim D by negligence who driven a car in a situation where normal driving is difficult due to the influence of drinking, such as dumnasium and tension which require a two-day medical treatment, and the victim F, who is the passenger of the damaged vehicle, the injury to the victim F, such as dumnasium and tension which require a two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report, a report on the detection of a driver involved in the primary driving, and a statement on the circumstances of the driver involved in the primary driving;

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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