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(영문) 서울중앙지방법원 2014.08.14 2014고정2545
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 4, 2014, the Defendant, while under the influence of alcohol of 03:50% of the blood alcohol concentration, driven a Bcoon-do vehicle, and driven a private distance either 194 - or 194 - due to the distribution of new distribution in Seocho-gu Seoul, Seocho-gu, Seoul, with one-lane between three-lanes in the direction of shift-based stations from the direction of the Newcoon department store.

Every driver of a motor vehicle shall not drive the motor vehicle while drinking alcohol and making it difficult to drive the motor vehicle normally, and since the place is an intersection where a signal apparatus is installed, he/she has a duty of care to properly see the signal apparatus at an intersection and prevent the accident from occurring due to the signals.

Nevertheless, the Defendant neglected to do so and neglected to do so, and the part of the front part of the victim C's driving of the victim's launa car left to the left in the direction of the shooting distance of the sexual hospital in the direction of the mast shift shift, which was conducted in violation of it, was shocked into the front part of the vehicle left to the left.

As a result, the Defendant, by negligence in the course of business, suffered injury such as “dual injury” in need of treatment for about two weeks to the victim C, and injury such as “dual injury” to the victim E, who is the passenger of the victimized vehicle.

2. The Defendant, while under the influence of alcohol content of 0.120% at the time under paragraph (1) of this Article, was driving approximately 3 km vehicles of Category B 2 in the place from Seongdong-gu Seoul Seongdong-gu, Seoul to the new distribution of the Seocho-gu, with approximately 194 km.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C's statement on the occurrence of traffic accidents;

1. The actual survey report and the occurrence of traffic accidents;

1. Photographss related to traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question, and Article 148-2 (2) of the Road Traffic Act.

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