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(영문) 서울북부지방법원 2016.10.19 2016고정1407

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a motor vehicle B.

On May 6, 2016, at around 22:40, the Defendant was unable to drive normally, such as 0.163% of the blood alcohol level 0.163%, while driving the said vehicle, and driving the said vehicle along the D convenience store located in Seoul Special Metropolitan City, Nowon-gu along the road of offset elementary school in the direction of the set-off central market. However, the Defendant was negligent in neglecting the alcohol while driving the said vehicle and driving the road in front of the D convenience store in Seoul Special Metropolitan City, Nowon-gu along the one-lane road in the direction of the offset elementary school in the direction of the set-off central market. In order to park the vehicle on the right side from the front direction to the road, the Defendant was able to take the front part of the driver’s seat of the Fpoter 2 freight of the victim E, who was temporarily stopped, with the front part of the driver’s vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim, such as satisfe, which requires approximately two weeks of medical treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph 1, driving the said car while under the influence of alcohol content of about 0.163% from the section of approximately 200 meters in the direction of the D convenience store located in Seoul Special Metropolitan City, Nowon-gu, Seoul to the front of the D convenience store located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report, the report on the occurrence of a traffic accident, the circumstantial statement of the driver concerned, and the report on detection of the driver concerned;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as vehicle photographs;

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

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

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

1. The order of provisional payment;