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(영문) 서울남부지방법원 2016.05.18 2016고정202
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a motor vehicle B, who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).

On September 7, 2015, the Defendant driven the said car in a state where it is difficult to drive normally, while under the influence of alcohol 0.110% during blood transfusion at around 03:02, and driven the two-lane road in front of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, Seoul, along a two-lane in the direction of bank trees shooting distance from the visual distance.

In this case, there was a duty of care to safely drive a person engaged in driving service by reducing speed and thoroughly driving on the right side and the right side side.

Nevertheless, the Defendant neglected this and received the back portion of the Estststy personal taxi driven by the victim D (the other, 54 years old) who was standing in front of the vehicle driven by the Defendant due to the negligence of driving a stroke while under the influence of alcohol, from the front side of the vehicle driven by the Defendant.

Ultimately, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, was negligent in neglecting the duty of care as a motor vehicle driver, and the Defendant suffered injury to the said victim, such as salt, tension, etc. of the rocketing taxi driver, which requires approximately two weeks of treatment.

2. Around 03:02 September 7, 2015, the Defendant driven a B-teme vehicle in the state of alcohol alcohol concentration of about 0.110% from the 12-km section of alcohol content to the front road of Geumcheon-gu Seoul, Geumcheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident involving the victim D;

1. A survey report on actual conditions, a traffic accident occurrence report, and a report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to a medical certificate, on-site photograph, and written estimate for damage taxi;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning the crime (the act of causing bodily injury to the driving of danger) and the Road Traffic Act.

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