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(영문) 서울서부지방법원 2017.12.14 2017고정932
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of a vehicle amounting to DSS3.

On November 5, 2016, around 02:30 on November 5, 2016, the Defendant managed a two-lane road in front of Yongsan-gu Seoul, Yongsan-gu, Seoul, but proceeds at the speed of speed as the speed of the non-speed.

In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle, such as reporting the traffic situation well and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and, while under the influence of 0.117% alcohol level in blood, the Defendant inevitably changed the course to two lanes in two lanes in the same direction, and collisioned with G K5 driver's seat in driving of the Victim F (56) that is proceeding in two lanes in the same direction with the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, which requires a stable treatment for about two weeks, such as salt pans and tensions, on the part of the victim, and on the part of the passenger H(27) boarding the back seat of the victim vehicle, the victim suffered injury in need of a safe medical treatment for about two weeks, such as chills and tensions.

2. The Defendant, while under the influence of alcohol level of 0.17% from the border alcohol level on the day specified in paragraph (1), driven the above SM3 car level from the section of less than 1 km to the site where the accident described in paragraph (1) is located on the roads near the Seowon-dong, Yongsan-gu Seoul Metropolitan Government (accounting Division).

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Legal statement of a witness I;

1. A written statement of the occurrence of each traffic accident of the F and H;

1. Application of Acts and subordinate statutes, such as a statement on the circumstances of a driver working at the main place, a report on the detection of the driver at the main place, a traffic accident report, a report on the occurrence of a traffic accident, an accident scene photograph, black stuff

1. Each of the relevant Articles of the Act concerning the facts of crime;

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