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(영문) 서울북부지방법원 2015.1.30. 선고 2015고정123 판결

특정범죄가중처벌등에관한법률위반(위험운전치사상), 도로교통법위반(음주운전)

Cases

2015 High Court Decision 123 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and Violation of the Road Traffic Act

Defendant

A

Prosecutor

Kim Young-sik (Court Prosecution), Yellow-hee (Court of Public Trial)

Imposition of Judgment

January 30, 2015

Text

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

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a NAS car.

around 21:30 on October 6, 2014, the Defendant, while under the influence of alcohol of 0.201% of the blood alcohol concentration, driven the said car at a four-lane road near the location of the 1553 Nonghyup Bank, Nowon-gu, Seoul, Seoul, at a speed of about 30 km from the border of the Nowon-gu, along two-lanes towards the acceptable mountain basin.

Since the location is an intersection where signal, etc. is installed, the driver has a duty of care to secure safety distance and properly operate the brake system, as well as to safely drive the front door in accordance with the signals, and as there was a vehicle under stop in the front side according to the stop signal.

Nevertheless, the Defendant neglected this and failed to properly operate the operation system under the influence of alcohol, and caused the victim C (hereinafter referred to as 33 years of age) who was parked in the front of the said vehicle, to be the front part of the vehicle driven by the Defendant, following the D-A-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Won-Wur-Wur-Wur-Wur-Wur-Wur-Wur-W

Ultimately, the Defendant suffered injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of medical treatment by occupational negligence as above, and injury to the victim E, such as salt, tensions, etc. in the trend requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of occurrence of each traffic accident in preparation C and E;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Control note;

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

1. Each written diagnosis;

1. On-site and photographs of accident vehicles;

Application of Statutes

1. Article applicable to criminal facts;

Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (a point of driving while driving a motor vehicle)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Selection of Fines

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Effective Enforcement