logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.03.26 2014고정45
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On November 22, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a BEE car under the influence of alcohol concentration of 0.114% on blood alcohol level on November 22, 2013, and led the Defendant to drive the BEE car along the same three-lane way in front of Seocho-gu Seoul Metropolitan Government Seocho-gu 1680-1, the two-lanes of the two-lane way from the alternate basin to the southwest basin.

In such cases, the driver has a duty of care to ensure the necessary distance to avoid the collision with the previous vehicle when the vehicle stops suddenly, and to prevent the accident by continuing it.

Nevertheless, in violation of this, the Defendant, following the victim C Driving D which was in progress, conflict with the part concerning the front part of the Defendant’s driving vehicle.

The Defendant suffered injury to the victim through occupational negligence as above, such as salvinal salk, which requires treatment for about three days.

2. Around 23:50 on November 22, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.114%, and the Defendant driven a B X-ray car at a distance of approximately 100 meters from the beginning of Seocho-gu Seoul Metropolitan Government to the front of 1680-1.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report, a actual condition survey report, a master-employed driver's license report, and a statement on the actual condition of the driver's license;

1. A written confirmation;

1. Application of Acts and subordinate statutes on accident vehicles and on-site photographs;

1. The provisions of 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 selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

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

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.

arrow