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(영문) 서울서부지방법원 2017.11.30 2017고정1344
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

The defendant is a person engaged in driving a vehicle B k3.

1. Around 19:40 on May 26, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said vehicle at a speed of 0.208% in alcohol level during blood, while under the influence of alcohol level of 76:0 in the red-ro, Seodaemun-gu, Seoul, Seoul, for a speed of 0.208%. In such a case, a person engaged in driving a motor vehicle has a duty of care to ensure that he/she is able to properly see the front side and the left side of the motor vehicle and prevent the accident by accurately manipulating the steering and brake system in order to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes while under the influence of alcohol, and thereby was driven by the victim C (53) prior to the same lane in the same direction as the other hand-on bus driven by the victim C (53).

The Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as the pipe and tension of the part where the two weeks of medical treatment is needed, and the body of the body of the people, and the body of the body of the people.

2. The Defendant was under the influence of alcohol content of 0.208% in blood during the day-to-day under paragraph (1) from the 11-lane 11-ro, Mapo-gu, Seoul to the 76 internal circulation-ro, Seodaemun-gu, Seoul Western-ro, red-ro, 76.m. to the front of the 5km-ro, the Defendant driven the said car at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report (1)(2), report on the occurrence of a traffic accident, report on the detection of a primary driver, report on the circumstances of the primary driver, and investigation report (the primary driver).

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