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(영문) 서울남부지방법원 2016.06.30 2016고정181

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle in the D SP area.

On September 27, 2015, the Defendant driven the said car under the influence of alcohol content of 0.122% during blood transfusion around 20:30 on September 27, 2015, and went back from the exit of the apartment complex located in Guro-gu Seoul Digital Complex 90 Samsung 1,000.

At the time, the apartment is the entrance of the apartment, and the passenger car of the victim E (39 years old) was stopped after the above vehicle, so in such a case, the driver had a duty of care to properly deal with the steering direction and brake system of the vehicle and the right and the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to perform his duties at the next week, and neglected to do so, and instead neglected to do so, received the front part of the LA car in front of the Defendant’s passenger car.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E, including the right-free kne, tensions, etc., requiring approximately two weeks of medical treatment, and suffered injury on the victim G (36 years of age) in need of medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of interrogation of each police officer in relation to G and E;

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

1. Application of the Acts and subordinate statutes on black stuffs;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning the facts constituting an offense, and the choice of punishment, Article 268 of the Criminal Act (the occupation of occupational duties and the choice of fines), Article 148-2 subparag. 2 and Article 44(1) of the Road Traffic Act (the occupation of driving drinking and the choice of fines);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged is that the Defendant is a car at the D SPP site.