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(영문) 서울중앙지방법원 2013.06.28 2013고정1862
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person driving a bents car.

On January 23, 2013, at around 23:39, the Defendant driven the above vehicle under the influence of alcohol that it is difficult to drive normally due to the influence of alcohol while under the influence of alcohol, and led the Defendant to drive the above vehicle at a speed below the fourth-lane of the 4-lane road in the direction of bankruptcy remote distance in the direction of the city of Gangnam-gu Seoul, Gangnam-gu, Seoul.

In such cases, a person engaged in driving of a motor vehicle should not drink and drive a motor vehicle, and there was a duty of care to prevent accidents in advance by safely driving by checking the front side and the left side.

Nevertheless, when the Defendant neglected this and neglected to drinking while drinking, the Defendant was driven by the victim C(the age of 60) who was under suspension at the front direction of the marina course due to negligence, and received the front direction of the vehicle driving by the Defendant.

As such, the Defendant suffered from a fluoral salt, which requires approximately three weeks of treatment by occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Entry of a traffic accident report;

1. Entry in the circumstantial statement report of a host driver;

1. Application of Acts and subordinate statutes to describe a copy of a medical certificate;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, an aggravated punishment shall be provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [the aggravated punishment shall be provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, within the scope that the maximum amount of each offense provided for in the heavier punishment);

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.

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