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(영문) 서울동부지방법원 2014.12.04 2014고단2989
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

On September 14, 2014, at around 22:46, the Defendant operated the said car under the influence of alcohol concentration of 0.250%, and tried to pass the intersection of Seongdong-gu Office in Songpa-gu Seoul, Songpa-gu, Seoul, bypassing the intersection of Seongdong-gu Office to the flow of the air basin from the song middle school.

At the time, since it is night and a road near the intersection, the defendant engaged in driving of the motor vehicle had a duty of care to properly see the front left, and to prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, as above, the Defendant was negligent in trying to make a straight bypassing the right-hand route while under the influence of alcohol, and caused the Defendant’s injury, such as the string and tension, which was driven by the victim C, who was under the influence of stopping at the three-lanes of the four-lane road adjacent to the said intersection, and was driving by the victim C, who was under the influence of the vehicle at the age of 46, due to the Defendant’s failure to avoid the said DNA car, and caused the Defendant’s injury to the victim, who was on the right-hand side of the said vehicle, by shocking the part behind the left-hand part of the said rocketing car driven by the Defendant, which was driven by the Defendant, for about two weeks, requiring a two-day medical treatment. The Defendant suffered from the injury of the victim E (the 22-year age), who is the passenger of the damaged vehicle, such as the string of the shoulder and the tension.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the occurrence of each traffic accident in C and E preparation;

1. Traffic accident report, report on the measurement of alcohol, report on the detection of a drinking driver, report on the de facto statement of a drinking driver, and related photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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