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(영문) 서울중앙지방법원 2015.12.17 2015고정4259
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On September 21, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a car with Bntro while under the influence of alcohol content of 0.192% on blood alcohol level on September 18, 2015, and led to the Seoul Gangnam-gu Samsungro 95-gil 11 road along the selected hill park room from the snco distance room to the snco park room.

In such cases, a person engaged in driving service shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to safely drive a motor vehicle in front, rear, and right and right and right of traffic while driving on a designated lane and prevent accidents.

Nevertheless, the Defendant neglected this and received the part of the driver's seat of the victim C (the age of 40) driving car, which was driven by the negligence of breaking the central line, as the front part of the passenger car.

As a result, the Defendant driven the Defendant’s car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as cerebral dynasium in which detailed medical treatment is required for about three weeks.

2. On the date and time set forth in paragraph (1), the Defendant was under the influence of alcohol by 0.192% in blood alcohol concentration, and the Defendant was driving a vehicle B in the section of approximately 1.5 km from the 1.5km to the place set forth in paragraph (1) on the roads near the Seocho-gu Seoul Western Station.

Summary of Evidence

1. Defendant's legal statement;

1. C’s written statements and supplementary statements concerning the occurrence of traffic accidents;

1. Traffic accident report, report on the actual state of a drinking driver, and report on the actual state of a drinking driver, and place of the result of drinking measurement;

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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

1. The Criminal Act among concurrent crimes.

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