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(영문) 서울남부지방법원 2013.12.11 2013고정3621
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of the B-to-pur vehicle.

1. Around 02:50 on November 1, 2013, the Defendant driven the said car with a blood alcohol content of 0.156% 0.156%, and driven the road front of the New Road Park of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, with a speed of about 30 km from the 3-lane toward the new road basin in the direction of the new road basin to the new intersection.

A person engaged in driving service has a duty of care to prevent accidents with other vehicles by safely manipulating the brakes, steering gear, etc. in a clear mental state at all times and by preventing the traffic situation.

Nevertheless, the Defendant is under the influence of alcohol and thus is under the influence of driving.

The rear part of the damaged vehicle C-business taxi in the traffic signal atmosphere in front of the direction of the proceeding became the front part of the vehicle.

As a result, the Defendant suffered injury that requires approximately two weeks of medical treatment due to the climatic salt fluor, etc. to the driver of the damaged vehicle D (Nam, 57 years of age) due to the foregoing occupational negligence.

2. The Defendant, at the above date and at the above place, driven a balbbbn vehicle owned by himself while under the influence of alcohol content of approximately 0.156% at the section of approximately 1.5 km from the alcohol house near the Dongjak-gu Seoul Metropolitan Government Post Office located in the new bank, to the 431-dong, Yeongdeungpo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

1. Traffic accident report, traffic accident-related photographs, accident-related driving reports, accident-free shop reports, and fact-finding reports;

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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

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

1. The Criminal Act for the detention of a workhouse;

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