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(영문) 서울서부지방법원 2013.06.25 2012고단1481
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 engaging in driving a rocketing car.

On June 28, 2012, the Defendant driven the said car while under the influence of alcohol of 0.117% of blood alcohol concentration on 01:35 on June 28, 2012, and driven the two-lanes in front of the Red Agenda 174-11 Enterprise Bank in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, at a speed of about 50km per hour along the two-lanes towards the luxal price.

In the same direction as at the time, the victim D(the age of 47) was followed by the taxi for the Eststststy operation in the same direction, and therefore, the person engaged in driving service had a duty of care to secure and proceed with the safety distance that can be avoided when the vehicle stops.

Nevertheless, the Defendant neglected to stop the vehicle while it is difficult to drive the vehicle normally due to the above influence of drinking, and went through due to the negligence of driving the vehicle, and got the back part of the taxi for the above business purpose operated by the victim as the front part of the vehicle driven by the Defendant, and suffered injury, such as light salt, which requires approximately three weeks of medical treatment, to the victim due to such shock.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1), 2 (2);

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

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, Article 38 (1) 2, and Article 50 of the Criminal Act (Provided, That the maximum amount shall not be aggregated);

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

1. The criminal defendant for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is a crime of this case during the period of suspended execution of another crime (injury).

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