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(영문) 서울중앙지방법원 2015.04.24 2015고단919
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

On February 26, 2008, the Defendant issued a summary order of a fine of two million won at the Seoul Central District Court on the charge of violating the Road Traffic Act, and on May 21, 2009, the Defendant violated Article 44(1) of the Road Traffic Act on two or more occasions by receiving a summary order of a fine of two million won at the above court due to the same crime, etc.

1. Around 00:50 on December 3, 2014, the Defendant driven a vehicle of 1km from the front of the subway station in Dongjak-gu Seoul Metropolitan Government to the road of the Han River Station 120 meters old-ro 120m high-speed, the Defendant driven a vehicle of balp-fried with alcohol content of 0.132% under the influence of alcohol in the state of under the influence of alcohol.

2. The defendant is a person engaged in driving a motor vehicle as set forth in paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 3, 2014, the Defendant operated a car as set forth in paragraph (1) around 00:50 on December 3, 2014, which led to the progress of the road above the 120 Han River as the Nowon-gu Seoul Metropolitan Government Nowon-gu, Nowon-gu, Seoul, to the north bank of Han River-gu, the north bank of Han River-gu.

In this case, the driver of the motor vehicle had a duty of care to safely operate the motor vehicle operation system by properly operating the operation system of the motor vehicle.

Nevertheless, as in paragraph (1), the Defendant, while under the influence of alcohol, was negligent by failing to properly examine the front room and by failing to properly operate the brake system, and the part behind the back of the D taxi driven by the victim C, which was temporarily stopped on the front side of the road, was shocked with the front part of the car driven by the Defendant.

As a result, the defendant driving the defendant's car in a state where normal driving is difficult due to influence of drinking, and suffered from the victim's injury, such as light salt, which requires two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Protocol of the Police Statement regarding C 1.

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