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(영문) 서울남부지방법원 2016.08.16 2016고단2657
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 07:05 on April 19, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by danger) driven a motor vehicle without speed in the direction of the village, such as in the reverse direction of the salt hold, while under the influence of alcohol concentration of 0.102% in blood, on the road front of the gas station C in Gangseo-gu Seoul Metropolitan Government.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by properly manipulating the brake system in accordance with the good faith while living well on the front side and the left side.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and received the back portion of the victim E ( South, 46 years old) who stops in accordance with the new code with the above Belgium car.

The Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered from the injury of light salt, etc., which requires approximately two weeks medical treatment.

2. On April 19, 2016, the Defendant was under the influence of alcohol content of 0.102% in blood around 07:05 on April 19, 2016, the Defendant driven a D Belgium car from the vicinity of the 245 wooden Station in Yangcheon-gu Seoul, Seoul to the frontway of Gangseo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement on the occurrence of each traffic accident;

1. A report on the occurrence of a traffic accident, and black stay images;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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 under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of an alternative fine for punishment;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act [specific crimes, the punishment of which is more severe.]

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