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(영문) 서울중앙지방법원 2014.02.13 2013고정6227
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On June 29, 2013, the Defendant was under the influence of alcohol of 0.134% of blood alcohol concentration around 05:30 on June 29, 2013, and was driving C Benz car in the direction of active service distance from the 7-lane in the direction of the 7-lane in the direction of active service distance in Gangnam-gu, Seoul.

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, brakes, etc.

Nevertheless, according to the new subparagraph due to negligence that was directly involved in the drunk stop signal at the front time, the Defendant conflicts with the victim in front of the vehicle in front of the Defendant, who was driven by the victim D in the direction of the next hospital distance in the direction of the next hospital distance.

As a result, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. which require treatment for about two weeks, and at the same time damaged vehicles were damaged in a way that amounting to KRW 18,960,000, such as the exchange of the previous vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements prepared in D;

1. A traffic accident report;

1. A traffic accident occurrence report;

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

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 151 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (trades of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act due to the occupational

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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