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(영문) 서울북부지방법원 2014.06.24 2014고단903

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On March 28, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a C-learning car with a blood alcohol concentration of 0.203% around 23:00, while driving the C-learning car under the influence of alcohol concentration of 0.203%, leading the crosswalk in front of the Dowing Station 176, Dobong-gu Seoul Metropolitan Government 152-ro Dobong-ro 176,

The Defendant, while under the influence of alcohol, was unable to drive normally due to the influence of alcohol, such as that he sniffly sniffly, heavy snow, and without any focus on snow. The Defendant was faced with an injury such as climatic salt, etc., which requires approximately two-day medical treatment to the victim by being driven by the victim D (the age of 52) who was waiting in front of the running direction by the victim D(the age of 52).

Accordingly, the defendant was injured by driving the above car while it is difficult to drive the car normally due to the influence of drinking.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the same time and at the same time driven the frighting car under the influence of alcohol concentration of about 0.20% from the 500m section to the front of the above Dowing Station, which is located in 290, Dobong-gu Seoul, Dobong-gu, Seoul, to the road before the above Dowing Station.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Photographs;

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

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

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;