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(영문) 서울중앙지방법원 2013.09.06 2013고정3958

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On May 19, 2013, at around 15:00, the Defendant driven the above vehicle while under the influence of alcohol 0.127% of alcohol concentration, and proceeded with the road near the sub-nurg of the nurg of the sub-nurg of the nurg of the nurg of the nurg of the nurg at the nurg of the West.

In such cases, the defendant who is engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to drinking, and there was a duty of care to prevent accidents in advance by accurately manipulating the brake system of the motor vehicle which is well living on the front side and the left side.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, was driven by the victim C(the age of 62) who is driving ahead of the Defendant in the same direction in the same direction, and received the back part of the Dbee-cracked car as the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the victim C by negligence in the course of driving a motor vehicle while driving the motor vehicle normally due to drinking, with a view to getting the victim C to suffer the right shouldered salt, etc. requiring a two-day medical treatment, and the victim E (V, 64 years old) of the victimized vehicle for light oil, and the victim F (V, 71 years old) for light oil and tensions that require a two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The actual survey report on traffic accidents;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

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) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the criminal facts as prescribed in the corresponding Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The Criminal Act among concurrent crimes.