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(영문) 서울중앙지방법원 2016.08.10 2016고단3314
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On December 19, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) runs the road of five-lanes in front of the building in Gangnam-gu Seoul Metropolitan Government, driving a car with the speed of 0.142 lanes while under the influence of alcohol level of 0.142% among blood transfusion around 04:00, and the face color is red, and the walking condition is high, and it is difficult to drive the vehicle normally, but the road of five-lanes in front of the building in Gangnam-gu Seoul Metropolitan City was driven at a speed that would not be known along two-lanes toward active duty service on the new side.

At night, the above road is a road with frequent traffic of vehicles in the five-lane. As such, the defendant driving a motor vehicle has a duty of care to safely drive the motor vehicle by giving prior notice of change of course and operating direction when he/she accurately operates the steering gear and brake system and alters the direction of direction when he/she changes the direction.

Nevertheless, under the influence of alcohol, the Defendant, by negligence while neglecting the above duty of care and driving on the road, suffered from the injury of the clouds, etc., such as clouds, etc. in need of approximately three weeks of treatment by the Defendant, by taking out the part of the front clouds in front of the car driven by the Defendant, after the Flele Lone Bus bus driven at the front of the car driven by the Defendant. The Defendant immediately changed the vehicle to a three-lane and was driving on the three-lane, while driving on the part of the victim G (35 years of age) (35 years of age), the front clouds in front of the H BMW car driven by the Defendant, and suffered from the injury of the said victim, such as the clouds in need of approximately two weeks treatment.

2. The Defendant is under the influence of alcohol leveling 0.142% from the 5km section to the place indicated in paragraph (1) from the public parking lot near Gangnam-gu Seoul Metropolitan Government water supply at the time of the day specified in paragraph (1) and the Defendant is under the influence of alcohol leveling 0.142% from the blood level around 5km.

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