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(영문) 서울중앙지방법원 2015.03.18 2015고정267

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

Reasons

Punishment of the crime

The defendant is engaged in driving a vehicle B with low-speed.

On November 30, 2014, the Defendant was under the influence of 05:50% of blood alcohol concentration 0.139%, and was under the influence of the Defendant, the Seocho-gu Seoul was under the influence of alley-gu Seoul was under the influence of alley-ro, which was not divided by the lanes adjacent to the 201 Modern Capital Depher, the Defendant was under the influence of the direction of the lab in the direction of

In such cases, a driver has a duty of care to safely drive a motor vehicle and not drive a motor vehicle in a state where it is difficult to drive a motor vehicle normally due to drinking by accurately operating the steering gear and brakes.

Nevertheless, the defendant, while neglecting the influence of alcohol, she was faced with the right side part of the victim C(23 years old) who was walking on the right side of the direction direction by the negligence of operation by neglecting the influence of alcohol, with the right side part of the victim C(23 years old) left side of the front-hander.

As above, the Defendant suffered injury, such as salt pans, tensions, etc., on the part of the part where the victim needs medical treatment for about two weeks due to occupational negligence while driving a motor vehicle in a state where normal driving is difficult due to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. CWritten statement on the occurrence of a traffic accident;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the agreement with the victim and the fact that the defendant reflects the error);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;