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(영문) 서울북부지방법원 2016.01.19 2015고정2730
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle with sod motor vehicle B.

On June 11, 2015, the Defendant was under the influence of alcohol content of 0.152% in blood around 08:25 on June 11, 2015, and was driving the said car, and led to the use of a paper cancer distance in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, to the hill of the erode from the erogate of the monthly valley.

In this case, the driver of the vehicle has a duty of care to check the right and the right and the right and the safety of the course of the vehicle and to prevent the accident in advance.

Nevertheless, when the Defendant driven a vehicle without neglecting the normal driving due to the above influence of drinking, as it is, due to negligence while driving the vehicle without being negligent, the lower part of the D case 5 car driven by the victim C who stops for the signal waiting at the front direction of the Defendant’s course was driven by the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, a traffic accident occurrence report, a statement on the circumstances of the drivers of primary drivers, a report on detection of drivers of primary drivers, vehicle photographs and diagnostic certificates;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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, respectively;

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. Articles 53 and 55 (1) 6 of the Criminal Act (the degree of damage and conditions of sentencing, including the defendant's environment, shall be taken into consideration);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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