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(영문) 서울중앙지방법원 2014.09.17 2014고정3821
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a Chovadi A8 car owned by the defendant.

On July 1, 2014, at around 00:30, the Defendant, while under the influence of alcohol, it is difficult to drive normally due to the influence of alcohol (the state of speech is divided into several ways, the walking condition is non-croned, and the blood color is a little red tank) and, as Gangnam-gu Seoul, proceeded with the road in front of 616 in the south of Gangnam-gu, Gangnam-gu, along the direction of the Hannam-gu, from the boundary of the new history distance to the boundary of the Hannam-do.

In such cases, a driver of a vehicle shall not drive the vehicle under the influence of alcohol, and there was a duty of care to prevent accidents in advance by safely driving the vehicle along the vehicle line.

Nevertheless, the Defendant neglected this and took part of the upper part of the upper part of the vehicle driven by the Defendant in front of the left-hand part of the vehicle driven by the victim D (year 54) who was waiting for a signal at one lane in the opposite lane when he gets involved in the vehicle due to the negligence of the Defendant.

Ultimately, as seen above, the Defendant suffered from the Defendant’s negligence that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Traffic accident report (1, 2), traffic accident report, drinking-powered output table, report on the circumstantial statement of a drinking driver, and report on the detection of a drinking driver;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. The provisions 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, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum amount of each of the crimes above is aggregated);

1. The Defendant under Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation is a primary offender with no criminal record, and is in depth against the crime.

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