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(영문) 서울남부지방법원 2015.01.27 2014고정3660
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 September 26, 2014, from around 22:00 to around 22:3, the Defendant driven a BNAS coo in the state of under the influence of alcohol concentration of about 0.129% from the parking lot of the 1319 Guju apartment in the Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu to the 1183 Gamyun apartment road in the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a CF car in BNAS.

On September 26, 2014, at around 22:33, the Defendant driven the said Nevis coo-in car at a two-lane road of the 1183-lane of the Geumcheon-gu Seoul Metropolitan Government (Seoul Metropolitan Government) in the direction of the Fevis-si. The Defendant driven the said Nevis-in car at an unfest speed from the direction of the Fevis-si.

There is a place where a signal, etc. is installed, where the defendant's NA3 car driving of the victim C(40 years old) is waiting for the signal and was making a stop in front of the motor vehicle at the fourth NAS SP, so in such a case, the driver of the motor vehicle has a duty of care to properly operate the brake by properly operating the brake while keeping the front and front of the preceding motor vehicle in mind.

Nevertheless, the defendant neglected this and failed to properly operate the brake system under the influence of alcohol as described in Paragraph 1, and caused the above SM3 vehicle to turn to the left at the front part of the vehicle driven by the defendant.

As a result, the Defendant driving the said NAS car in a situation where it is difficult to drive the car normally due to the influence of drinking, and caused the said victim to suffer an injury, such as a light salt for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) and a traffic accident occurrence report;

1. A written statement on the occurrence of traffic accidents;

1. A certificate of drinking alcohol measurement, a certificate of drinking driving, and a written report of drinking drivers;

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