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(영문) 서울북부지방법원 2015.05.29 2014고정2723
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On September 19, 2014, the Defendant, while under the influence of alcohol of 0.114% of blood alcohol concentration around 02:00, 2014, was driving the front road of the 3-distance distance from the front middle school located in the Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Yumkumkum, Cump, Cumpppppp, 2-lanes from the front side of the broom, to the front intersection at an insular speed.

A person engaged in driving service has a duty of care to reduce speed and safely drive a motor vehicle by checking well the right and the right and the right, and to refrain from driving a motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was driven by the victim D(the age of 59) who was in the same direction and was in the same direction, and was driven by the victim D(the age of 59).

Ultimately, as seen above, the Defendant suffered injury to the victim D, such as light crypitis, etc., which requires two-day medical treatment due to negligence in the course of driving a motor vehicle in a situation where normal driving is difficult due to drinking, and injury to the victim F who is the passenger of the victimized vehicle (the age of 28) that requires two-day medical treatment, respectively.

Summary of Evidence

1. Court statement of the defendant (the fifth court date);

1. Each statement of D and F;

1. The actual condition of traffic accidents;

1. Visic image, photograph and vehicle photograph;

1. Each written diagnosis;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of running a sound driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

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