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(영문) 서울동부지방법원 2013.03.07 2013고정425
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 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of a passenger B car owned by himself.

1. The Defendant driven the above vehicle around 23:00 on November 26, 2012, and driven the above vehicle along four-lanes from the direction of the military station distance in front of 255-18, Gwangjin-gu, Seoul Special Metropolitan City.

In such a case, a person engaged in driving service has a duty of care to safely drive by accurately operating the steering gear and steering the steering gear.

Nevertheless, due to the negligence of driving the vehicle while under the influence of alcohol, the victim E (ma, 27 years old) who is the front wheels of the two-wheeled vehicle driven by the victim C (E, South and 30 years old) with the rear wheels of the two-wheeled vehicle and due to that reason, the victim E (E, South and 27 years old) was driven by the front wheels of the two-wheeled vehicle after the driving of the vehicle.

The Defendant, by such occupational negligence, suffered injury to the victim C, such as light fluorites, etc., requiring approximately two weeks of treatment to the victim E, such as a fluoring fluor of the right fluor for six weeks of treatment.

2. The Defendant was driving approximately 700 meters in the state of alcohol alcohol concentration of at least 0.175% in front of the 255-18th century in the vicinity of the ridge Gun in Gwangjin-gu, Seoul, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. Traffic accident reports, reports on detection of drivers, actual status survey reports, circumstantial reports on drivers, and reports on requests for appraisal;

1. Application of each medical certificate, each photographic statute;

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 concerning the relevant criminal facts and the selection of a sentence;

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

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

1. Detention at a workhouse;

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