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(영문) 서울동부지방법원 2015.10.07 2015고정244
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a driver of Chived vehicle.

On November 28, 2014, at around 16:40, the Defendant driven the said car under the influence of alcohol with 0.154% of alcohol level 0.154%, and made the turn to the left at an influent speed from the surface of the private teaching institute distance of Songpa-gu Seoul Metropolitan Government, along with the three-lanes of the two-lanes in front of Songpa-gu Seoul.

In such a case, since there is an intersection where a traffic signal, etc. is installed, a person engaged in driving a motor vehicle is thoroughly engaged in driving the motor vehicle in the front direction, and despite the fact that there was a duty of care to prevent an accident by driving the motor vehicle safely in accordance with the new code, as above, the part of the victim E (30 years old) driving in front of the right-hand side of the motor vehicle of the victim EM5 car, who violated the traffic signal under the new code, due to his occupational failure to drive the motor vehicle under the influence of alcohol, was shocked by the left-hand side of the motor vehicle following the defendant's left-hand side.

In this regard, the Defendant suffered a scarcity that requires approximately three weeks of treatment to the victim through occupational negligence as above.

Summary of Evidence

1. Part of defendant's legal statement (the point of running sound driving and the occurrence of traffic accidents);

1. Partial statement of witness E;

1. G statements;

1. A drinking measuring instrument;

1. A report on the statement of the status of a drinking driver, and a report on the status of a drinking driver;

1. The actual condition survey report;

1. On-site photographs;

1. Application of medical certificates and medical records (E)-related Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the maximum amount of two crimes against death or injury resulting from dangerous driving) shall be added up;

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