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(영문) 서울서부지방법원 2014.05.27 2014고단478
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a C SPR car.

On January 2, 2014, at around 23:38, the Defendant driven the above vehicle while under the influence of alcohol of 0.153%, and led the Defendant to drive the vehicle at a speed that is impossible to know in the direction of air morality in the area of the enzymal playground, in accordance with three-lanes of the Seoul Mapo-gu Seoul Metropolitan Government white-ro.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and safely drive a motor vehicle by checking well the right and the right of the motor vehicle, and not drive a motor vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol and thereby was driven by the victim D(55 years old) who is in the atmosphere of the vehicle driven by the Defendant as the front driver of the vehicle driven by the Defendant.

Ultimately, the Defendant, as seen above, suffered injury to the victim D, such as “satise satons and tensions,” which requires a two-month medical treatment due to occupational negligence in driving a motor vehicle while driving a motor vehicle normally due to drinking, and injury to the victim FF (34 years old), who was the passenger on board the damaged vehicle, such as “atise satums and tensions,” which requires a three-day medical treatment, and injury to the victim G (33 years old), such as “bral satum,” which requires a three-day medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph 1 of the above paragraph, the Defendant driven the said C SPR car while under the influence of alcohol concentration of approximately 0.153% from the 20km section of approximately 20km to the Seoul Mapo-gu white-ro 239.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition of each traffic accident, the report on the detection of a host driver, and the circumstantial statement of a host driver;

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