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(영문) 서울동부지방법원 2015.01.14 2014고정2102

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a car B as a job.

1. On September 4, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car while drunk with a blood alcohol concentration of 0.189% and making it difficult for the Defendant to drive the said car normally, thereby driving the said car along four-lanes in the direction north from the south of Seongdong-gu Seoul Metropolitan Government, where the accident occurred.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brakes well.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in performing the above duty of care and was under the part concerning the backer part of the victim C's D's D's D's D's D's D's D's D', which was stopped due to

Ultimately, the Defendant suffered injury to the victim, such as catum salt, which requires treatment for about two weeks by negligence in the course of business as above.

2. On September 4, 2014, the Defendant was under the influence of alcohol at around 22:35, the Defendant driven the said car within approximately 6 km section from the road on the ffold road in Gangnam-gu, Seoul, Seo-dong, to the place where the accidents described in the preceding port occur, under the influence of alcohol level of 0.189%.

Summary of Evidence

1. Defendant's legal statement;

1. A supplementary statement of C;

1. Traffic accident report, report on the status of a driver, and report on detection of a driver;

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

1. 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 choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;