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(영문) 서울북부지방법원 2016.12.07 2016고정1882
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving B K5 cars;

On April 17, 2015, the Defendant driven the above vehicle while under the influence of alcohol of 0.139% with blood alcohol level around 08:20 on April 17, 2015, and led the three-lane roads in front of Dongdaemun-gu Seoul to proceed at an aesthetic speed in the direction of the long-distance radius from the long-distance outflow.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the defendant neglected this and negligently driven in the state of being drunk, and received the back part of the Eone Star disability Vehicle driven by the victim D (year 52) who was driving in front of the defendant's vehicle, in front of the defendant's vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered from the injury of the victim F(31 years of age) and the victim G(56 years of age) for about two weeks of medical treatment.

2. Around 08:20 on April 17, 2015, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license), without obtaining a driver’s license under the influence of alcohol level of 0.139%, and driving BK5 cars at a section of approximately 500 meters from the road in the Dongdaemun-gu Seoul Eastdong-gu, Seoul to the road in front of Dongdaemun-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. A traffic accident occurrence report, a traffic accident actual investigation report, a drinking record table, a report on detection of drinking drivers, and a report on the circumstantial statement of a drinking driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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