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(영문) 서울중앙지방법원 2013.05.31 2012고정6804
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing car.

1. On August 15, 2012, the Defendant driving the said vehicle under the influence of alcohol level of 0.134% at around 03:20 on August 15, 2012, and driving the said vehicle at a speed of 0.134%, and driving the four-lanes of the said vehicle at a speed of about 60 km from the 469 Olympic Zone, Gangnam-gu, Seoul Metropolitan Government, according to the Olympic Winter Zone 469.

In such cases, a person engaged in driving of a motor vehicle 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 prevent accidents in advance by driving the motor vehicle safely, such as making a good report on the traffic situation, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and negligently driven the victim C (52 years old) driving in the same direction four-lane by negligence, and received the back part of the left-hand part of the taxi for the use of rocketing other business as the front-hand part of the Defendant’s vehicle.

As a result, the Defendant caused the victim to suffer satisfinal satisf in need of treatment for about two weeks by negligence in the above business.

2. Violation of the Road Traffic Act and the violation of the Road Traffic Act (Free Driver) were driven by the Defendant without obtaining the driver’s license at the above time and place, while under the influence of alcohol at 0.134% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report and the report on the actual condition of the driver;

1. A report on detection of a host driver;

1. A medical certificate;

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

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

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