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(영문) 서울북부지방법원 2018.10.25 2018고단3737
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, only 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) by the Defendant is a person engaged in driving a B food car.

On April 29, 2018, the Defendant driven the said car under the influence of alcohol level of 0.156% from blood alcohol level around 22:40 on April 29, 2018, and driven the said car along the three-lane road in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, along the long-distance flood range from the long-distance flood protection area along the two-lane.

In this case, there was a duty of care to operate the steering system and operation system properly by properly manipulating the steering system and operation system while living well in the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the suspect was placed on the right side of the passenger in front of the car of Defendant D(55) driveed by the victim D(55) who stops in three lanes due to the negligence of failing to properly operate the steering gear and brakes while neglecting this, and had been placed on the right side of the passenger.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim D, such as the finite base, which requires the treatment of hospitalization for about 10 days, the victim F (25 years old), the passenger of the taxi, and the victim G (31 years old), respectively, for about three weeks of medical treatment.

2. On April 29, 2018, the Defendant driven a B food car under the influence of alcohol with a maximum of 05 meters alcohol concentration of 0.156% from the 400-meter section from Han-ro Seoul Dongdaemun-gu to the front road of Dongdaemun-gu Seoul, Dongdaemun-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 copy of each statement of F and G;

1. A survey report on actual conditions;

1. Statement report on the situation of the driver at home, report on the situation of the driver at home and result of respiratory measurement;

1. A certificate of medical treatment and each medical certificate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Relevant provisions of the Act concerning facts constituting an offense;

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