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(영문) 서울중앙지방법원 2016.08.24 2016고단3790
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

1. On May 2, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger) driven by DMW car with a alcohol concentration of 0.210% in blood during the influence of around 22:5 on May 2, 2016, and led the Defendant to drive DMW car at a speed of 0.210% in Seoul, Gangnam-gu mainly from the 93rd side of Seoul, Gangnam-gu, Seoul, at which it is impossible to identify the back road.

Since the place is a road not supported by traffic control, the defendant who drives a motor vehicle shall temporarily stop to check whether there is a vehicle crossing by temporarily stopping and drive it, not only shall drive it, but also shall reduce the speed by checking the vehicle to enter the intersection from the right side and make it safe to drive it safely, and there was a duty of care to stop driving a motor vehicle while normal driving is difficult due to drinking.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform the above duty of care and did not temporarily stop at the intersection, and was negligent as it was, on the right side of the said car driven by the Defendant, received the front part of the FMW car driven by the victim E who temporarily stops from the right side of the car driving in the direction of the car driving.

Ultimately, the Defendant, as seen above, sustained the injury to the victim E by negligence in the course of performing duties of driving a motor vehicle while normal driving due to drinking, in light of the climatic salt and tension requiring approximately three weeks of medical treatment, and suffered the injury to the victim G on the said FMW car, which requires approximately three weeks of medical treatment.

2. When the Defendant was under the influence of alcohol level of 0.210% during the border blood during the day specified in paragraph (1), the Defendant driven a BMW car at the section of approximately 30 meters from the Seoul Gangnam-gu to the road, Gangnam-gu, Seoul, on which it is difficult to find out about 30 meters from the roads where it is difficult to find out about 0.210% of the alcohol level during the influence of alcohol level from the day specified in paragraph (1).

Summary of Evidence

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