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(영문) 서울중앙지방법원 2015.06.18 2015고정2171
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. On April 14, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a CSti-type car in accordance with the CSti-type car in which the Seoul Gangnam-gu Seoul Do roads are enclosed by 0.206% under the influence of alcohol concentration of blood on a 00:50%.

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 has a duty of care to prevent accidents in advance by checking the traffic situation on the front side and accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant neglected this and led the part of the rear part of the victim D(the age of 27) E E in the air traffic signal at the front section of the vehicle driving by negligence.

Ultimately, the Defendant driven the Defendant’s car in a situation where normal driving is difficult due to the influence of drinking, and received the victim F (V) who is the partner of the victim D and the damaged vehicle, for about two weeks of treatment.

2. The Defendant was under the influence of alcohol content of 0.206% at the time stated in paragraph (1) of the Road Traffic Act, and the Defendant was driving the Defendant’s car at the section of approximately 1 km from the Gangnam-gu Seoul Gangnam-dong to the Seoul Gangnam-gu roads.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation (related to statements made by victims);

1. Traffic accident report, inspection report on detection of a drinking driver, and taking measures for drinking;

1. Each written diagnosis on D and F;

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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