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(영문) 서울중앙지방법원 2013.06.07 2013고정1750

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 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On January 8, 2013, at around 17:35, the Defendant driven the said car while under the influence of alcohol with 0.142% of blood alcohol concentration, and led the Defendant to drive the said car along five lanes in Seoul, Seocho-gu Seoul, Seocho-gu, Seoul, at the 413km km point of the upper parallel line on the Gangwon-do Highway.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front side well and to refrain from driving the motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant neglected to drive his vehicle due to negligence while driving the vehicle at the same lane, and received the back part of the victim C(29 years of age) driving the vehicle at the same vehicle at the same lane as that of the Defendant’s driver’s vehicle.

Ultimately, the Defendant, as seen above, caused the above victim E (V) by negligence who drives a motor vehicle while driving the motor vehicle in a situation where it is difficult to drive the motor vehicle normally due to drinking for about two weeks, to suffer from climatic dynasium in need of medical treatment for about two weeks, and from about two weeks, the victim F (3 years of age) and G (1 year of age) to suffer from climatic dynasium in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The actual condition survey report;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing a dangerous driving) concerning the facts constituting the crime as prescribed in the corresponding Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1)

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

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;