logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.09.11 2013고정3402
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by Citk vehicles owned by Samsung Citk Co., Ltd. on April 19, 2013, while under the influence of alcohol on 04:43% of blood alcohol concentration of 0.117%, and the Defendant proceeded at a speed of 527-2 speed of the new forest road in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City along the five-lane (including deton lanes) of speed in the direction of Singu-dong (including deton lanes) in the boundary of the new forest basin

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected to do so and led the victim D (ma, 62 years old) to the front part of the taxi back part of the E company in the same direction in the same direction, thereby suffering from the injury of the victim, such as the 2nd trophal typitis.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant, on a temporary basis, around about 1km in the vicinity of the new forest of Gwanak-gu, Seoul Special Metropolitan City, while under the influence of alcohol concentration of about 0.117%, while under the influence of alcohol concentration of blood.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A written report from an employee of an employer;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of 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 selection of fines for each crime;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

arrow