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(영문) 서울북부지방법원 2014.10.14 2014고정2014
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 13, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving), violation of the Road Traffic Act (Driving without a license), and violation of the Road Traffic Act (driving without a license) by driving a vehicle B in the condition that it is difficult to drive a vehicle while under the influence of alcohol to an extent of 0.189% of blood alcohol concentration without a driver’s license, and driving a vehicle B in the condition that it is difficult to drive a vehicle at a normal speed, and driving the vehicle B in the direction of the road front the Seoul Jung-gu Seoul Metropolitan City at an insular speed along one-lane road from the lower direction towards the lower direction of the vehicle of the Defendant.

After all, the defendant suffered approximately two weeks of medical treatment from the victim F, who is the passenger of the damaged vehicle, to the victim F, who is the victim F, who is about 52 years of age.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, even though he was prohibited from operating an automobile to the owner of the automobile under the preceding paragraph or on the road which was not covered by mandatory insurance, operated the said automobile without mandatory insurance at the time and place of the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-11 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, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

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, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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