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(영문) 서울남부지방법원 2012.11.01 2012고정1913
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 5, 2012, at around 01:45, the Defendant driven CY5 car while under the influence of alcohol of about 0.149% of alcohol concentration at approximately 100 meters from the 01:50 on the same day from the front side of a drinking house by Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu 3, Yeongdeungpo-gu, Seoul, at around 01:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act on Criminal Crimes and Article 148-2 (2) 2 of the Road Traffic Act (Selection of Fine) in the Selection of Punishment

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The Defendant is a person who is engaged in driving a motor vehicle with CCM5 motor vehicles in charge of driving the motor vehicle.

On March 5, 2012, the Defendant driven the said car while under the influence of alcohol of 0.149% with blood alcohol concentration around 01:50 on March 5, 2012, and led Yeongdeungpo-dong 2, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, to drive the road of 5 lanes in front of 92-4 toward the new path from the direction of the Yeongdeungpo-gu market.

At the time, the pedestrian island is at night and is in front of the defendant's direction, so there was a duty of care to look well at the front and rear left, and drive safely by observing the tea line.

Nevertheless, the Defendant neglected to perform the above duty of care in a situation where it is difficult to drive under the influence of alcohol, such as her walking and walking, and neglected to drive the road to the right edge of the said vehicle, followed by the Defendant’s shocking of the seat of the road to the right edge of the said vehicle, and operated the hand to the left side of the said vehicle, and she was driven by the victim D (Nam, 31 years old) who stopped on four-lanes.

As a result, the defendant suffered injury to the victim, such as finites that require medical treatment for about two weeks.

2. Determination

A. The defendant and his defense counsel are the case of this case.

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