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(영문) 서울중앙지방법원 2015.09.02 2015고정2225
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. On April 9, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven Benz motor vehicle while under the influence of alcohol 0.188% on blood alcohol level on April 23, 2015, and led the Defendant to proceed along the fourth lane in the direction of Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul to the front side of the road along the 391 South-west cycle.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by keeping the vehicle line and ensuring safety distance while driving the motor vehicle while driving the motor vehicle.

Nevertheless, the Defendant neglected this and failed to secure the safety distance while under the influence of alcohol and failed to properly operate the operation of the operation of the operation system, and received the part of the victim C (the 45-year-old driving) behind the D golf car, which was driven by the Defendant as the front part of the passenger car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. Violation of the Road Traffic Act (Driving without a license) was driven by the Defendant at a distance of about 1 km from the Seocho-gu air exhauster to the above place under the influence of alcohol level of 0.18% in blood alcohol level without obtaining a driver’s license at the time specified in paragraph (1).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Traffic accident report (on-site survey report), report on detection of a model driver, report on the circumstantial statements of a model driver, investigation report (applicable without the mark) and the register of driver's licenses;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the Road Traffic Act concerning the crime.

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