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(영문) 서울남부지방법원 2013.05.23 2013고정1121

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 00:08 on January 4, 2013, the Defendant, while under the influence of alcohol at a 0.176% of alcohol level, driven a eFwork car, and proceeded at a speed of about 40-50km per hour from the street park to the direction of the e-mail digital group area of Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, toward four-lane roads in front of LG apartment at a speed of about 1257 km.

The defendant found that the victim C (year 51, South) driven ahead of the same direction is waiting for a signal signal, and operated late. However, the defendant did not avoid driving normally due to the difficult condition of normal driving due to alcohol and did not look back to the back part of the damaged vehicle with the front part of the vehicle.

As a result, the defendant suffered satisfys, etc. requiring treatment for about two weeks from the victim.

2. On January 4, 2013, at around 00:08, the Defendant driven a eFstet car under the influence of alcohol leveling 0.176% from the front of the Guro-gu Seoul Metropolitan Government Guro-guro Station to the front of the 1257 LG apartment, Guro-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the circumstantial statements of model drivers, and reports on the detection of model drivers;

1. Reports on internal affairs (the Ramark formula);

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

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. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55 and 55 (1) 6);

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

1. The Criminal Procedure Act;