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(영문) 서울중앙지방법원 2014.12.10 2014고정4943

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On July 31, 2014, the Defendant driven a B-car with a blood alcohol concentration of 0.130% 0.130% on July 22, 2014, and led to a two-lane road of 116 in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, along a one-lane distance from the new disease control point to the erost of the erost-distance.

In such cases, the driver of the motor vehicle has a duty of care to check the safety of the course by checking well the right and the right and the right of the driver of the motor vehicle, and to refrain from driving the motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant was unable to avoid the victim C(the age of 45) driving a D car which was parked in the signal air at the front of the road by negligence while under the influence of alcohol while neglecting it, and was driven by the Defendant’s vehicle behind the passenger vehicle.

As above, the Defendant suffered from the victim E (the age of 19) who was on board the said victim’s car for about two weeks in need of medical treatment due to negligence in the course of driving a motor vehicle while driving a motor vehicle normally due to drinking, such as a light signboard, signboard, disability, etc., and each of the above victims E (the age of 19) who was on board the said victim’s motor vehicle for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

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

1. The actual condition survey report, the report on detection of a de facto driver, and the circumstantial statement of a de facto driver;

1. Application of Acts and subordinate statutes of a medical certificate (C) and a medical certificate (E);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes against Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving

1. Selection of each alternative fine for punishment;

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 of the Criminal Act for the detention of a workhouse.