beta
(영문) 서울중앙지방법원 2015.10.06 2015고정3403

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

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 B low-priced car;

On May 12, 2015, the Defendant driven the above vehicle while under the influence of alcohol of 0.174% with blood alcohol concentration of 03:55, and driven the DNA oil station in Jung-gu Seoul Metropolitan Government at the speed of about 30km in speed, depending on two-lanes towards the claimed station in the middle-gu Seoul Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents by safely driving the motor vehicle, such as making a good report on the traffic situation, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this, while driving a motor vehicle in a state of difficult driving under the influence of alcohol 0.174% by negligence while driving the motor vehicle in a state of difficult driving under the influence of normal operation, the part concerning the back part of the FM motor vehicle driven by the victim E (the aged 30) prior to the same direction as the motor vehicle in the same direction was concealed into the part concerning the front part of the motor vehicle driving.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. Violation of the Road Traffic Act (driving) driving the said vehicle at a distance of about 500 meters from the front day of the pharmaceutical zone located in Jung-gu Seoul Metropolitan Government to the front day of the oil station located in Jung-gu, Jung-gu, while under the influence of alcohol by 0.174% of the blood alcohol concentration in the temporary border, such as the statement in paragraph (1) of this Article.

3. Around 05:32 on May 12, 2015, the Defendant driven the said vehicle at a section of approximately 300 meters from the front day of the Seoul Central Police Station at the mid-gu Seoul Central Police Station to the front day of the mid-gu Seoul Central Police Station, which was under the influence of alcohol with a blood alcohol content of 0.165%.

Summary of Evidence

1. The defendant;