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(영문) 서울북부지방법원 2015.04.30 2015고정498

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

Reasons

Punishment of the crime

1. Around 09:58 on November 19, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Dangerous Driving”), while driving a Maz car in a state of alcohol alcohol concentration of 0.149%, with red, inaccurate, and natural walking, and making it difficult for the Defendant to drive the Maz car normally, the Defendant was negligent in neglecting the duty of safety distance and neglecting the duty of front-time care in the direction of Taeneung, while driving the Maz car on the same road in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and driving the 1038 Fluxe Road in front of the 1038 Fluxian in the direction of Taeneung, while neglecting the duty of front-time care in the direction of Taeneung, thereby causing injury to the victim (50 years old) who proceeded the same lane by taking the front part of the Defendant’s vehicle in front part of the Defendant’s vehicle.

2. While the Defendant was under the influence of alcohol level of 0.149% during the temporary border under the preceding paragraph, he was driving B Mt Motor Vehicles within a section of about 2 km from the front of the Pungdong of the Seoul Metropolitan City, Jung-gu to the front of the 1038 U.S. Simnaene on the same road as Nowon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to a de facto survey report, a field photograph-fluor and an investigation report (related to the formal application of the Madmark);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order is not only to the extent that the defendant, at the time of the accident in this case, has a red and visual eye, and that the defendant was in an inaccurate and inaccurate manner, but also to drive.