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(영문) 서울중앙지방법원 2015.12.23 2015고정3769
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Risk Driving) is a person driving a motor vehicle with D window.

On July 25, 2015, at around 17:20, the Defendant driven the above vehicle while under the influence of alcohol of 0.109% of blood alcohol concentration, and driven the four-lane road of the 113-lane Do of the Gangnam-gu Seoul Metropolitan City, the GHro 113, the direction toward the distance from the length of the national flag at the national flag.

In such cases, a person engaged in driving service shall not drive a motor vehicle while normal driving is difficult due to influence of alcohol, and has the duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering direction, brakes, etc.

Nevertheless, the Defendant neglected to stop in driving, and saw the part behind the Fmasaw car driven by E in front of the same direction, which was driven by E while driving in front of the same direction, into the front part of the Defendant’s vehicle, and due to the shock, the part behind the H 130 vehicle driven by the victim G who was stopped in front of the vehicle driven by E was concealed into the front part of the vehicle driven by E.

Accordingly, the Defendant, by negligence in the course of performing his duties, suffered injury to the victim I who was on board the top of a vehicle driven by E, such as “satisf and tensions” requiring approximately two weeks of medical treatment, and suffered injury to the victim G, such as “atisfines and tensions” requiring approximately two weeks of medical treatment.

2. Around 17:20 on July 25, 2015, the Defendant driven a motor vehicle with DNA window at a level of about 500 meters alcohol concentration of 0.109% at a level of 500 meters from the dynamic Tridong in Gangnam-gu Seoul to the 1113 main road of the same Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the occurrence of each traffic accident in E and G;

1. The traffic accident report (the actual condition survey report) and the actual condition report of the driver concerned;

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