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(영문) 서울중앙지방법원 2014.09.04 2014고정3617
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On June 5, 2014, at around 10:15, the Defendant driven a Malaysia car with a blood alcohol concentration of 0.127%, and driven the three-lane road in front of 175-3, Gangnam-gu, Seoul, Gangnam-gu, Seoul, along the direction of the distance of the next hospital located on the side of the school street, along the two-lane.

All drivers of motor vehicles shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and have a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant, while driving under the influence of alcohol, conflict with the front part of the driving car of the Defendant, which was driven by the victim C(63 years old) driving prior to the same direction.

As a result, the Defendant suffered from occupational negligence the injury of the victim C (the 63-year-old) such as salt fat, etc., the injury of the fatal fat, etc., the injury of the victim E (the 62-year-old-old-age-age-age-age-age-age-age-of-age-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of

2. The Defendant, without obtaining a driver’s license, driven B Radon car from the vicinity of the Gangnam-gu Branch Hospital in Gangnam-gu, Seoul to the roads of about 175-3, Gangnam-gu, Gangnam-gu, Seoul, with a blood alcohol concentration of 0.127% at the above time.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in C, E, and F;

1. Report on traffic accident (report on actual condition of traffic accident 1,2);

1. Registers of driver's licenses;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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