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(영문) 서울동부지방법원 2015.05.20 2015고정628
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around January 22:25, 2015, the Defendant violated the Road Traffic Act (driving a sound driving) driven a Cratian car while under the influence of alcohol with a blood alcohol concentration of 0.127% from the front of a restaurant in the Yananan-dong, Songpa-gu Seoul Metropolitan Government, to the front of the same Gu B.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said car at the time and time set forth in the preceding paragraph and driving the said one way in front B from the 6th intersection to the 7th intersection. At the same time, there was a sign prohibiting entry in the direction of the Defendant to run.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance due to the prohibition of driving a one-way road, the operation of a motor vehicle with a duty of care to prevent accidents by driving the motor vehicle in a safe manner.

However, the Defendant was under the influence of alcohol so that it is difficult for the Defendant to determine a normal physical manipulation such as a rain distance and an accident, while driving the said car, and did not avoid the victim D (the age of 59) who walked on the road from the right side of the Defendant’s driving direction to the left side, while driving the said car, and was faced with the body of the victim by the part of the Defendant’s front driver.

As above, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as the right-fluoral divating frame, which requires treatment for about eight weeks, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. Records of measurement of drinking alcohol, reports on detection of drinking drivers, and circumstantial statements of drinking drivers;

1. Registers of photographs and driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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