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(영문) 서울북부지방법원 2015.10.28 2015고정1915
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving B Poter cargo vehicles with Chinese shipbuilding.

On June 14, 2015, at around 17:05, the Defendant driven the said vehicle from the front and rear line of Nowon-gu in Seoul Special Metropolitan City to the main stream of blood alcohol concentration of 0.147%, and changed the two lanes from the front and rear line of Nowon-gu in Seoul to the three-lane at a speed of 30km speed per hour from the front and rear side of the city.

The driver of any motor vehicle has a duty of care to not change course when it is likely to impede normal traffic of other motor vehicles running in the direction of the change of course.

Nevertheless, the defendant's negligence of neglecting this and driving the three-lanes in the same direction, which the victim D(65 years of age, south) driving, conflict with the front part of the vehicle driving in front of the driving vehicle.

Ultimately, the Defendant, by such negligence, inflicted two weeks’ injury on the victim D, on the victim F (the 62 years of age and tension) and two kinds of injury, which require two-time medical treatment, and inflicted on the victim F (the 62 years of age and tension) who was on the winghead, the Defendant inflicted on the victim D the injury of one kind other than the “salinum, tension,” which requires two-day medical treatment.

2. The Defendant violated the Road Traffic Act (driving) is driving a vehicle B at a distance of about 7 km from the vicinity of Kugdong-si to the front road of Seoul Special Metropolitan City, Nowon-gu, in the state of drinking alcohol level of 0.147% under the circumstances like the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident by D or F;

1. A traffic accident report;

1. Photographs of damaged or damaged vehicles;

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

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

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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