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(영문) 서울중앙지방법원 2016.06.21 2016고정1289

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant is a person driving B B B B B Racor's car.

On February 10, 2016, the Defendant driven the said car under the influence of alcohol content of 0.160% among blood transfusions on February 10, 2016, and driven the road located in 302, a galgalian department store, Gangnam-gu, Seoul, along the two-lanes from the other side of the galgalian department store to the intersection of the galgalian intersection (excluding the revolving lane) of the two-lanes.

In such cases, the defendant, who drives a vehicle without the influence of alcohol, has a duty of care to prevent the accident by safely driving the vehicle, such as reporting the traffic situation on the front side well and accurately manipulating the steering direction, brake system, etc.

Nevertheless, the Defendant was negligent in driving the said car in a situation where normal driving is difficult due to influence of drinking, and was negligent in failing to properly see the situation at the front of the said vehicle at the same lane, thereby reporting the stop signal at the same vehicle front of the same lane and making a stop.

Thus, the defendant suffered from the above victim's injury by negligence in the above job-related duties, such as dynasium and tensions on the bones of neck that require approximately two weeks of treatment, and the victim E (the victim E (the victim 35 years of age) who is the victim of the damaged vehicle with approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A report on actual condition, a report on detection of a driver involved in driving, and a record of measurement of drinking;

1. Application of each medical certificate, on-site photographing statute;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by each dangerous driving);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes. Article 40 (Mutually Injury or Injury resulting from Driving of Danger respectively);

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.