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(영문) 서울동부지방법원 2013.03.13 2013고정318
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 engaging in driving a rocketing car.

At around 03:00 on November 10, 2012, the Defendant was under influence of 0.230% of blood alcohol concentration on the road without the classification of the lanes in front of 142-1, Songpa-gu Seoul Songpa-gu, Songpa-gu, 142-1, and was under influence of alcohol at a 0.230%, and the Defendant was under influence of alcohol, and the Defendant was under influence of the Defendant’s vehicle, with the front part of the front part of the right-hand gate of the Defendant’s vehicle, when the Defendant was unable to drive normally due to the influence of alcohol, and was under influence of the Defendant’s vehicle due to the negligence of not discovering the Plaintiff (the age of 62) without discovering the

As a result, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately one week medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual investigation report on traffic accidents and the occurrence report on traffic accidents;

1. A report on detection of a host driver;

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

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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