logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.01.28 2014고정5749
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B.

On November 6, 2014, at around 23:05, the Defendant driven the said car while under the influence of alcohol of 0.182% of blood alcohol concentration, and driven the road of four-lanes in front of Jongno-gu Seoul Metropolitan Government from the 4rd side to the 5rd parallel parallel parallel to the 5rd parallel parallel.

In such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering gear and brakes, to check the safety of course by checking the steering direction and the right and the right and the right of the motor vehicle, and to refrain from driving a motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant, while under the influence of alcohol, did not avoid a victim D (ma, 55 years old) who was stopped at the front of the taxi due to negligence while driving in the front of the taxi and did not get out of the E-tax of the victim D (ma, 55 years old) and was under the front part of the Defendant’s passenger vehicle.

Ultimately, the Defendant, as seen above, suffered from the Defendant, by negligence in the course of driving a motor vehicle while driving the motor vehicle normally due to drinking alcohol, the climatic salt, etc. requiring approximately two weeks medical treatment to the victim F (F, South, and 33 years old), who is the passenger of the said taxi, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement of the occurrence of each traffic accident by the defendant, D, and F;

1. Application of the actual condition survey report, traffic accident occurrence report, the circumstantial statement of a drinking driver, the report on detection of a drinking driver, the vehicle accident inquiry, vehicle photograph, each diagnosis document, and written estimate to the Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the facts constituting a crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving).

arrow