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(영문) 서울남부지방법원 2016.08.11 2016고정814
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who drives C Poter trucks in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On December 16, 2015, the Defendant was unable to drive normally under the influence of alcohol content of 0.14% during blood, but driving of the said vehicle at a speed of 482 lanes in front of the 482-ro, Guro-gu, Seoul, Guro-gu, and driving the four-lanes between the five-lanes in the direction of the shooting distance from the Gu to the Gu in the jurisdiction of the fire station, the Defendant neglected the operation of the brake system, etc. while neglecting it due to occupational negligence, while neglecting the duty of care to safely drive the four-lanes of the victim D (53 ) who was parked in the atmosphere from the front line of the same lane, due to occupational negligence.

Ultimately, the Defendant suffered from the injury of the pertinent victim by negligence in the course of performing the above duties, such as catum dye, requiring treatment for a period of two days.

2. On the same date as in the preceding paragraph, the Defendant was under the influence of alcohol content of 0.144% in blood at the same time as in the same time as in the foregoing paragraph, and the Defendant was driving C-type trucks from the vicinity of the Gan Forest Station located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu to the 482 large-scale large-scale, Guro-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. Statement of opinion, and record of hospitalization;

1. Application of Acts and subordinate statutes to the actual investigation report on traffic accidents;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the occupation of a person causing death or injury to driving dangerously) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of drinking alcohol and the selection of a fine);

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

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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