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(영문) 서울동부지방법원 2016.01.15 2015고정1980
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B for riding in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On August 27, 2015, the Defendant driven the above vehicle while under the influence of 0.131% alcohol during blood transfusion 0.17:00, and driven the road of 1463 lanes in front of the 1463-lane as Seoul Gangdong-gu, Gangdong-gu, Seoul, toward the direction of the normal distance on the top of the uppermost side, and proceeded at about 40km in speed, depending on the two lanes.

Since there is a crosswalk where a signal, etc. is installed, the driver of the vehicle should not drive the vehicle in a situation where normal driving is difficult due to drinking, the driver of the vehicle has a duty of care to reduce speed and to ensure whether there is a person who scam well by checking the right and the right and the right of the vehicle, and to safely drive the vehicle in accordance with the new subparagraph and prevent the accident in advance.

Nevertheless, when the Defendant neglected to drive a vehicle due to the negligence in violation of the vehicle stop signals, while driving the vehicle, the Defendant received the part on the left side of the victim C (49 years old)'s bicycle driving on the left side of the bicycle driving in the direction of the vehicle driving of the Defendant, which was driven by the fronter and front part of the Defendant's vehicle, and the victim D (60 years old) (60) where the bicycle was pushed out on the right side of the bicycle due to the shock.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim C and the victim D, such as fluoral salt in need of approximately three weeks of treatment.

2. The Defendant, at the same time and time as the above paragraph 1 of the Road Traffic Act, driven the above B SP passenger car under the influence of alcohol concentration of about 0.131% in the 1km section from the veterans hospital located in Gangdong-gu Seoul Metropolitan City, to the place of the said accident.

Summary of Evidence

1. The defendant's person;

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