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(영문) 서울중앙지방법원 2015.11.27 2015고단5772
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 August 14, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a cruise car with five-lane road in front of the shooting distance of the Gangnam-gu Seoul Metropolitan City, the Gangnam-gu, Seoul, Seoul, under the influence of alcohol concentration of 0.140% in blood, while driving the C-crock car at a non-speed speed depending on two-lanes from the shooting distance of the front tunnel to the erost distance.

In such cases, the driver of the vehicle has a duty of care to properly operate the brake system according to the surrounding traffic conditions while living well in front of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in failing to properly operate the front and the operation of the brake system on the same lane and received the rear part of the E-learning vehicle driven by the victim D (W, age 25) in the same lane in front of the Defendant vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about four weeks.

2. On the date stated in paragraph (1), the Defendant driven the said cruise car while under the influence of alcohol with a blood alcohol concentration of 0.140% without a vehicle driver’s license from the Chinese house near the Chinese house located in Samsung-dong, Gangnam-gu, Seoul, to the scamb and the scambane tunnel.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. The actual condition survey report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Each photograph;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the point of drinking) as to the crime, Article 152 of the Road Traffic Act.

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