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(영문) 서울북부지방법원 2015.08.12 2015고정1573
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of seven 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 who is engaged in driving service of Class B, high 3 cargo vehicles.

On June 4, 2014, at around 16:15, the Defendant driven the above vehicle while under the influence of alcohol of 0.170% with blood alcohol concentration, and led the road of three lanes in front of Dongdaemun-gu Seoul Metropolitan Government to proceed at an insular speed along the direction of the city survey.

Since there is a place where the center line of yellow solid lines and a sidewalk for pedestrian traffic are installed, it is necessary for drivers to thoroughly see the front-time city, safely drive the vehicle in a safe manner and not drive the vehicle on the sidewalk, and there was a duty of care to avoid driving the vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, the Defendant neglected the influence of alcohol while entering the center and driving the sidewalk, and caused the Defendant’s negligence of entering the sidewalk to go ahead of the Defendant’s vehicle, and thereby caused the Defendant’s vehicle-related goods, such as flag, etc., owned by the victim D, two air conditioners and the left side of the victim’s G(48 years old) who was working in the sidewalk, respectively.

Ultimately, the Defendant suffered injury, as seen above, by negligence in the course of driving a motor vehicle while driving the motor vehicle normally due to drinking, including approximately KRW 3,050,00 of the cost of repairing the damaged goods of the said victim D, approximately KRW 2,400,00 of the cost of repairing the damaged goods of the said victim E, and KRW 4,814,449 of the repair cost of the said damaged goods of the said victim E, thereby impairing its utility, and at the same time, he suffered injury to the victim G, including “the brain spathy of any tax missing and the brain spathy that has no open address,” which requires approximately 2 weeks medical treatment.

2. The Defendant is a holder of B-wing, high 3 cargo vehicle.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant is the date and time of Paragraph 1.

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