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(영문) 서울서부지방법원 2018.04.19 2017고단3785
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a rocketing car.

On November 30, 2017, around 05:30, the Defendant, while driving the said rocketing car with a alcohol concentration of 0.123% at the front of Mapo-gu Seoul Metropolitan Government, was difficult to drive normally due to the influence of alcohol while under the influence of alcohol on the roads of Mapo-gu, Seoul, the Defendant driven the said rocketing car along a one-lane along the intersection distance from the upper right side of the road.

At the time, it was night, and there was a duty of care to safely drive the brakes by properly manipulating the brakes while living well on the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and did not look at the front, and was negligent in proceeding with the victim D(57) driving in the front of the signal signal in the front bank, and received the back part of the cruise vehicle in the front of the said rocketing vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as catum salt in need of approximately two weeks of treatment, and the injury to the victim F (29 years of age) who was the passenger of the pertinent cruise vehicle, including the need to provide approximately two weeks of treatment.

2. On November 30, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.123% from a 300-meter section from the front day of Mapo-gu Seoul to the front day of the same Gu, around 05:30 on November 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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