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(영문) 서울동부지방법원 2015.07.24 2015고정1004
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

The Defendant is a person engaging in driving a rocketing car.

1. On April 10, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car while under the influence of alcohol level of 0.153% around April 23, 2015, and led to the driving of the said car into a private distance range from the front side of Gangdong-gu Seoul Metropolitan Government D, the one-lane road in front of the Seoul Metropolitan Government.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by checking the safety of course by properly examining the front side and the left side, and in particular, he/she has a duty of care to prevent accidents by failing to drive the motor vehicle while it is difficult to see the front side or the left side due to drinking, or when operating the steering system or when it is difficult to normally control the force.

Nevertheless, the Defendant neglected this and got the front part of the F-wing and cargo vehicle driven by the victim E (the aged 65) who was parked in the bend of the bend of the bend in the bend of the bend of the bend of the said car when he was negligent in driving under the influence of drinking, which was difficult to drive normally due to the influence of drinking.

Ultimately, the Defendant caused the injury of the victim due to such occupational negligence, such as an unknown brain in detail, which requires medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the same time as the above 1.m., the Defendant driven the said C rocketing car with the blood alcohol concentration of about 0.153% in a section of about 200 meters from the front of the H cafeteria located in Gangdong-gu Seoul Metropolitan Government to the place where the said accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. E's statement of traffic accident;

1. A report on the actual condition of a traffic accident and a report on the occurrence of a traffic accident;

1. Records of the measurement of drinking alcohol, reports on the actions of drinking drivers, reports on the status of drinking drivers, and reports on the statement of the status of drinking drivers;

1. A photograph of the vehicle and on-site photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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