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(영문) 서울중앙지방법원 2015.10.21 2015고단4501
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. Around 03:00 on June 14, 2015, the Defendant driven a B-Adi vehicle while under the influence of alcohol content of about 0.204% without a driver’s license at the section of about 5km-ro 274-1 upstream, Dongjak-gu Seoul, Seoul, up to 03:25 on the same day from the street on the street in the vicinity of Jongno-gu Seoul, Jongno-gu, Seoul, and from around 03:25 on the same day, the Defendant driven a B-Adi vehicle without a driver’s license.

2. On June 14, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was negligent in performing duties due to the victim C (age 48), who was driven by the said victim C (age 48) while driving the said AD taxi on June 14, 2015, and making a left-hand turn at the right-hand one-lanes of the four-lanes from the right-hand side of the front road of Dongjak-gu Seoul Metropolitan Government, at the right-hand side of the sublim-section 274-1 upper street 1 upper street 274-1 upper street 274-1 upper street 270.

Accordingly, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered from the injury of the victim C, such as salt ties, tensions, etc. in need of medical treatment for about 10 days, and injury to the victim E (V, 21 years old) who is a taxi passenger for about 3 weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident prepared by C;

1. A traffic accident report;

1. Statement on the circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. A report on detection of a host driver (Evidence No. 16)

1. Photographs of video materials of black boxes;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury resulting from dangerous driving) and Article 5-11 of the same Act concerning criminal facts.

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