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(영문) 서울북부지방법원 2016.07.21 2016고정1175
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

The defendant is a person engaged in driving a radar car.

1. On March 12, 2016, the Defendant driven the above vehicle while under the influence of alcohol content of 0.114% among blood transfusion around 06:33, and driven the front road of Dongdaemun-gu Seoul Metropolitan Government along the two lanes between the two lanes in the direction of the shooting distance of urban railroad construction from the new direction of the direction of the width of urban railroad construction.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol while it is difficult to drive the motor vehicle normally, and has a duty of care to prevent accidents by accurately manipulating the steering gear, brakes, etc. of the motor vehicle and accurately.

Nevertheless, the Defendant neglected this and was driven by the victim D, who was standing in the signal atmosphere due to negligence in the course of his duties, and was driven by the victim D while driving in the front of the Defendant’s vehicle.

As a result, the Defendant driving the above vehicle in a state where normal driving is difficult due to influence of drinking, resulting in injury to the victim D, such as salt, tension, etc. in need of a medical treatment for about a week, and suffered injury to the victim F, who is the passenger of the damaged vehicle, such as salt, tension, etc. for about two weeks of medical treatment.

2. The Defendant, while under the influence of alcohol content 0.14% among the blood transfusion at the time of the day specified in paragraph 1, driven a rash car from approximately 1.7 km from the roads of Dongdaemun-gu Seoul, Dongdaemun-gu to the front road of Dongdaemun-gu Seoul, Dongdaemun-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions, a traffic accident occurrence report, a written statement on the occurrence of each traffic accident, and a result of drinking alcohol measurement;

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

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes

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