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(영문) 서울중앙지방법원 2015.09.16 2015고단4499
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

【Criminal Force】 On July 4, 2014, the Defendant is a person who was sentenced to a suspension of the execution of imprisonment with prison labor for six months at the Seoul Central District Court on June 12th of the same month and is still under the grace period, for whom the said judgment became final and conclusive.

【Criminal Facts】

1. On April 30, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven B large Kaek 125 Otoba while under the influence of alcohol level 0.159% on Apr. 30, 2015, and transferred the 4-lane road in front of the D hotel in Jongno-gu Seoul Jongno-gu bypassing the 5-lane to the 5-lane from the intersection to the 5-lane to the 6-lane.

At the same time, crosswalks are installed on the front door, so in such a case, the driver of the motor vehicle shall not drive the motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of drinking, and the driver of the motor vehicle has a duty of care to check whether there is a person who gets on the front side and the left side well and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and went beyond 0.159% under the influence of alcohol, which was driven by the Defendant, with the right side of the victim E (the age of 54) who was a victim E (the age of 54) who was driven at the right side of the running direction due to the negligence that is difficult to drive normally due to the influence of alcohol, such as the blood alcohol level 0.159%, and face color is red and normally walking.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the closure of the main sentence in which detailed treatment is necessary for the victim’s treatment for about 12 weeks.

2. On April 30, 2015, the Defendant violated the Road Traffic Act (driving) in front of a D hotel crosswalk in the same Gu C under the influence of alcohol level of 0.159% at around 20:30 on April 30, 2015.

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