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(영문) 서울중앙지방법원 2014.04.16 2014고정900
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 who drives a two-way passenger car.

On December 21, 2013, at around 01:20, the Defendant driven the above vehicle in a state where it is difficult to drive the vehicle normally due to the influence of alcohol due to the influence of alcohol due to the alcohol while under the influence of alcohol (the state of speech is an illegal driving condition, the state of walking is a little unfolded string, and the blood color is very red) and led the front road of the Egrative pharmacy in front of the Egrative State in the Seoul Dongjak-gu, Seoul to proceed along two lanes in the direction of the upstream tunnel from the sublim bank.

In such cases, a driver of a vehicle shall not drive the vehicle while under the influence of alcohol, and there was a duty of care to prevent accidents in advance by safely driving by checking the right and the right and the right of the vehicle well.

Nevertheless, the defendant neglected this and was driven by the victim C(the age of 28) who is standing on the front side of the running direction due to the negligence of the defendant.

Therefore, the Defendant, while under the influence of alcohol, driven a motor vehicle and sustained injury to the victim, such as salt, tension, etc. of a trend requiring approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A survey report on the actual condition, a report on the circumstantial statement of a drinking driver, and a report on the detection of a drinking driver;

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. 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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