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(영문) 서울남부지방법원 2013.06.18 2013고정1367
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant is a holder of a two-wheeled vehicle with an engine displacement of 600cc or more without a license plate, in violation of the Road Traffic Act, the Guarantee of Automobile Accident Compensation Act, and the Road Traffic Act (free license).

On June 15, 2012, around 05:40 on June 15, 2012, the Defendant driving a two-wheeled automobile without obtaining a driver’s license from the front side of the Kiman Hospital located in Yeongdeungpo-dong 156, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul to the Ramamamamael, located in the same 580-4 area, and without having to obtain a driver’s license, with a blood alcohol content of 0.102% under the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Defendant is a person engaged in driving a two-wheel automobile with engine displacement of 600 cc or more

On June 15, 2012, the Defendant driven the said two-wheeled vehicle under the influence of alcohol as indicated in the preceding paragraph at around 05:40, the Defendant driven the said two-wheeled vehicle, and driven the two-lane road in front of the Dramael 580-4, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, at a speed of about 60 km from the front line to the new distance from the front line of prisoners of war.

Since there is a hond road of a hondro and a place where the center line of a yellow-ray is installed, there was a duty of care to safely operate the motor vehicle with the driver's duty of care through thorough operation of the hond-ray and reduction of speed.

Nevertheless, under the influence of alcohol, the Defendant received the rear part of the driver’s seat of the C Costaex vehicle driven by B, which was driven in the opposite lane of the said two-wheeled vehicle, by negligence, without fulfilling the above duty of care, and the Defendant received the front front part of the E Costaex vehicle driven by D, which was driven in the opposite lane of the said two-wheeled vehicle.

After all, the defendant is driving a two-wheeled vehicle under the influence of alcohol which makes it difficult to drive normally, and the victim D.

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