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(영문) 서울북부지방법원 2017.08.24 2017고단2559
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. Around June 23:20, 2017, the Defendant driven a CAnon-driving car under the influence of alcohol leveling 0.162% of alcohol level from the 5km section from the front of the Dongdaemun-gu Seoul Dongdaemun-gu Station to the front road of Dongdaemun-gu Seoul.

2. The Defendant is a person who drives a motor vehicle called C son as his/her duties in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 2, 2017, as described in paragraph 1 of around 23:20 around 23:20, the Defendant driven the said Abandoned Vehicle while under the influence of alcohol, and led the Defendant to drive the said Abandoned Vehicle along three lanes in front of Dongdaemun-gu Seoul, Seoul, along three lanes in the direction of a monthly mixp, from the edge of the mixump.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering system, etc.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the above duty of care and failure to accurately operate the operation of the brakes in the front section of the victim D (53 ) driving, which was proceeding in the front section, and received the back part of the car from the Defendant’s driver.

As a result, the Defendant driving the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim D, such as the trend of light and the climatic salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as a report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, a report on the actual condition of traffic

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each fine shall be imposed.

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