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(영문) 서울서부지방법원 2014.01.22 2013고단2693
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by a fine of 6,00,000 won;

2. If the defendant does not pay the above fine, 50.1 day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Cren car.

On 21, 2013. 01:30 on 21, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.187%, and led to a two-lane road in the direction of Seoul, Seowest-gu Seoul, west-si, west-si, west-si, west-do, Seoul, at a point of 227.6km away from the west bank to the Seoul bank, the Defendant continued to drive the said car at a speed of 100km per hour.

At the time, since it is night and a place where the passage of vehicles is frequent, there was a duty of care to prevent accidents in advance by accurately manipulating the brakes while a person engaged in driving a motor vehicle is able to live well in the front.

Nevertheless, due to the negligence that the Defendant was negligent in operating the brakes accurately while under the influence of alcohol, he received the back part of the right side of the victim D(55 years old) off the two-lanes in front of the passenger vehicle of the Defendant driving.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and caused the victim FF (year 62) to suffer injury, such as a 2nd-down click on the left-hand side, which requires a 8-day medical treatment to the victim D, and caused the victim FF (year 62) who was on board the said cargo to suffer from the injury, such as a clifal dysium

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D and F;

1. The application of Acts and subordinate statutes to requests for appraisal, reports on investigation and diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the selection of fines);

1. The punishment provided for in Articles 40 and 50 of the Criminal Code with regard to crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the punishment with regard to crimes of severe victims D, shall be imposed.

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