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(영문) 서울북부지방법원 2016.04.01 2015고정2691

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving CLIM 110 Obama in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On September 24, 2015, the Defendant driven the above Oba while under the influence of alcohol content of 0.120% among the blood transfusion around 16:10 on September 24, 2015, and driven a two-lane between the two-lanes in the direction of modern apartment from the front of the 258 Construction department store, as the dry field of Seoul Special Metropolitan City, Nowon-gu Island.

At all times, the driver had a duty of care to check the passage of pedestrians and safely proceed by temporarily stopping the crosswalk where no signal, etc. is installed.

Nevertheless, the Defendant neglected to do so and went on to the left by his negligence, caused the Defendant’s injury, such as a scambling, etc., which requires approximately two weeks of treatment, to the victim D (W, 57 years old) who was standing on the left side of the road.

2. The Defendant, while under the influence of alcohol content of 0.120% during a day-to-day alcohol, as described in paragraph 1, driven a CLIM10 Oralb from the roads near the Seoul Special Metropolitan City, Nowon-gu, to the same Gu island field from the roads near the Seoul Special Metropolitan City, Nowon-gu, to the road front of the 258 dry-gu department store.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the D statement;

1. A report on the occurrence of a traffic accident, a report on a traffic accident (report on actual condition), (1) and (2), a report on the detection of a primary driver, and a report on the circumstances of a primary driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes is aggregated) of the aggravated concurrent crimes.