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(영문) 서울중앙지방법원 2016.08.17 2016고단3512
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On May 5, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger) driven a car with alcohol level of 0.137% in the blood of around 01:16, while making it difficult to drive the car normally due to the influence of alcohol level of 0.137%, the Defendant driven a car at around 0.525% in a state that he/she is unable to drive the car, and, at the same time, he/she driven the car at the Hunne ju of Gangnam-gu Seoul Special Metropolitan City along the two-lanes of the 5-lane road of the 0th parallel parallel distance.

In this case, the defendant who drives a motor vehicle has a duty of care to safely drive the steering gear and brakes by accurately operating the steering gear and brakes while living well on the right and the right and the right.

Nevertheless, as seen above, the Defendant, by negligence, driven a vehicle while driving at the front time in a situation where normal driving is difficult due to influence of drinking, neglected to drive the vehicle at the front time and caused the driver to take a part of the front part of the Defendant’s vehicle, following the driver’s vehicle in the front part of the vehicle, which was driven by the victim E (46 ) who driven in the front direction at the front time of the collision with the signal route, and then, the vehicle in the front right part of the vehicle, which was driven by the victim G (49 years old) who was driven by signal from three lanes to the right part of the vehicle in the front right part of the above H K5 vehicle.

Defendant 1 suffered, by negligence in the course of performing the above duties, the injury to the victim E, such as climatic salt, tensions, etc. requiring approximately three weeks of medical treatment, and the injury to the victim G, such as climatic salt, etc. requiring approximately two weeks of medical treatment.

2. While the Defendant was under the influence of alcohol level of 0.137% from blood alcohol level at the time of the day specified in paragraph (1), the Defendant driven the said vehicle from the front side of the forest of the two citizens located in Seocho-gu Seoul Metropolitan Government to the front side of the 8km-gu Hunne road in Gangnam-gu, Seoul, while driving the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of traffic accidents prepared by G;

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