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(영문) 서울남부지방법원 2016.01.27 2015고정2403
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving a two-wheeled vehicle.

On September 28, 2015, the Defendant driven the above vehicle while under the influence of alcohol 0.153% during blood transfusion, and led to two-lanes in front of Geumcheon-gu Seoul Metropolitan Government along the road of the two-lanes in front of Geumcheon-gu Seoul Metropolitan Government on the Gu road from the teleline of telephone to the long distance of bank trees.

Since the above place is an intersection with a signal apparatus, a person engaged in driving service shall safely drive the signal apparatus according to the direction of the signal apparatus to prevent the accident from smoke, and there was a duty of care to refrain from driving in a situation where normal driving is difficult due to drinking.

Nevertheless, if the defendant neglected this and proceeded with the signal as it is by negligence, he saw the side part of the victim D (the 44 years old) to the front side of the two-wheeled vehicle of the defendant in accordance with the pedestrian signals on the right side of the direction of the Roman course.

As a result, the Defendant suffered from the above victim’s occupational negligence, which requires approximately two weeks of medical treatment.

B. The Defendant on the violation of the Road Traffic Act (drinking driving) driven the two-wheeled vehicle from Seocho-gu Seoul Metropolitan Government Subdivision to about 10 km in the front of Geumcheon-gu Seoul Metropolitan Government, under the influence of alcohol content of 0.153% during the day-to-day border, such as the above “A” at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and written statements on the occurrence of traffic accidents;

1. Statement of the circumstances of the driver involved in driving, report on the detection of the driver involved in driving, and confirmation about the measurement of drinking;

1. Application of Acts and subordinate statutes to the accident place photograph and diagnostic certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 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 drinking), and Article 44-2 (2) of the Road Traffic Act.

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