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(영문) 서울남부지방법원 2013.07.24 2013고단1633

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (driving) are those who are engaged in driving without registration 110 c c locks of the Defendant.

On March 28, 2013, at around 00:55, the Defendant driven the above Orala while under the influence of alcohol with 0.220% of alcohol concentration, and proceeded four-lanes of the four-lanes in front of the Guro-gu Seoul Metropolitan Government Guro-dong 21-3, Guro-gu, Seoul Metropolitan Government.

There was a duty of care to drive a person engaged in driving service with a duty of care to drive the vehicle in a prior and around manner.

Nevertheless, under the influence of alcohol, the Defendant was negligent in performing such duty of care while driving in a state where he was unable to drive normally, and the Defendant discovered and immediately operated a bus standing in the front direction of the Defendant’s proceeding, and the land was over the right side of the road.

The Defendant suffered, by negligence, from the above occupational negligence, the fluoral fluor C (V, 18 years of age) who was on the back fluoral seat of the Defendant, for approximately three weeks of medical treatment.

2. He shall not operate any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act;

Nevertheless, the Defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

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

1. According to the applicable law on criminal facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and each fine is selected.