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(영문) 서울중앙지방법원 2016.06.08 2016고정1053
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On January 27, 2016, the Defendant violated the Act on the Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driving a B liquid motor vehicle with a alcohol content of 0.221% during blood transfusion on January 27, 2016, the Defendant driven a B liquid motor vehicle with a alcohol content of 0.221%, and driven the front road of Gangnam-gu Seoul Metropolitan City along the two-lanes in the direction of the shooting distance in the city of Gangnam-gu, Gangnam-gu.

A person who drives a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to drinking, and has a duty of care to properly live around the motor vehicle, to observe the safety distance with the preceding vehicle, and to prevent accidents by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded on the front side of the Defendant’s vehicle while driving on the front side of the Defendant’s vehicle and stopped in accordance with the vehicle stop signals ( South, the age of 26) led the victim D (the age of South, the age of 26) to drive a E-Adi vehicle, and led the Defendant to the front part of the Defendant’s vehicle.

Ultimately, the Defendant, while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to drinking, sustained an injury to the victim, such as salt pans, tensions, etc. in need of approximately two weeks of medical treatment, and suffered injury to the same F, who was on board the victim’s vehicle, such as chest dump, tensions, etc. for about two weeks of medical treatment.

2. On January 27, 2016, the Defendant was under the influence of alcohol content of 0.221% during blood transfusion around January 23:20, 2016, and the Defendant driven B liquid passenger car at a section of approximately 500 meters from the place near the Gangnam-gu Seoul Cheongdamdong to the front road in Gangnam-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report;

1. Statement of the circumstances of driving at home;

1. Legal and chemical appraisers;

1. Medical certificate (D, F);

1. Application of Acts and subordinate statutes to a report on detection of a driver in charge of blood collection;

1. The aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Act regarding criminal facts.

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