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(영문) 서울중앙지방법원 2013.04.12 2013고정467

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a car B on duty. A.

On November 5, 2012, the Defendant was driving the above vehicle while under the influence of alcohol of 0.123% on blood alcohol level on November 5, 2012, and the roads in front of the 10-178 pamb in Seongbuk-gu Seoul, Seongbuk-gu, Seoul were made a U-turn in the middle of five-lanes from the surface of the cambspon distance.

In such cases, a driver has a duty of care to live well in the front left, to operate safely by accurately operating the steering gear and brakes, and to refrain from driving a motor vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, the Defendant neglected to do so and led the Defendant to proceed with the brucking while under the influence of the U.S., which led to the Defendant’s vehicle, the Defendant d EFstet or other vehicles of the victim C (Nam, 40 years old) who was waiting in the U.S. in the front of the brush.

In the end, the Defendant, as seen above, sustained around three weeks of light fluority, etc. in need of medical treatment by negligence in the course of running a motor vehicle while normal driving is difficult due to drinking.

B. The Defendant was under the influence of alcohol concentration of 0.123% at the above time, and was driving the said vehicle at a four-meter radius from the river basin of Gangseo-gu Seoul, Gangnam-gu to the road of about 10-178 front-dong, Seongbuk-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Descriptions of a medical certificate;

1. Application of each Act and subordinate statute to entries in the circumstantial statement and actual survey report of a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (1) of the Road Traffic Act, the choice of fines as to the crime;