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(영문) 서울중앙지방법원 2013.12.19 2013고정5623

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle B in Ireland for business.

On July 11, 2013, the Defendant driven the said car while under the influence of alcohol of 0.147% on blood alcohol level at around 08:00, and went behind to park in front of 720-11, Gangnam-gu, Seoul.

In such cases, a person engaged in driving of a motor vehicle has a duty of care that he/she should not drive a motor vehicle in a situation where normal driving is difficult due to drinking while accurately operating, steering, and brakes.

Nevertheless, the Defendant neglected to do so and neglected to do so, and was found to have been driving the victim C(30 years old) driving that was stopped later to the lower end of the driver's car.

Ultimately, as seen above, the Defendant suffered from the negligence in the course of driving a motor vehicle in a situation where normal driving is difficult due to drinking, the victim C suffers from the salt and tension of the so-called 10 days in need of medical treatment for about 10 days, and the victim E (the victim 25 years in need of medical treatment) who is the passenger of the damaged motor vehicle for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. A site for drinking alcohol measurement;

1. Photographs of an accident vehicle;

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 bodily injury to a dangerous driving) concerning the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the

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 [limited to the extent of adding up the maximum amount of the crimes under the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes under the Road Traffic Act];

1. Articles 70 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;