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(영문) 서울동부지방법원 2013.10.15 2013고정2258
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 a motor vehicle B.

1. On January 5, 2012, the Defendant driven the above vehicle at a speed of 4:02, and continued straight along the intersection of the two-lane (one-lane in the case of a road fit for the one-lane) in front of the enzylllle of Gangdong-gu Seoul, Gangdong-gu, Seoul (1-lane in the case of the one-lane) in the direction of Han Young-gu, the speed at a speed of speed.

In this case, the driver is not a drunk driver, and there was a duty of care to proceed safely by thoroughly keeping the front-time driver from driving.

Nevertheless, the Defendant neglected to drive the vehicle on the road adjacent to the intersection while under the influence of alcohol with a 0.124% alcohol concentration, and neglected to drive the vehicle normally due to its influence, and conflict with the victim C (52 years of age) who is at the speed and speed at the Han Young River in the direction of Han Young River in the Han Young River, a road adjacent to the intersection, which is the road facing the said vehicle, due to the negligence of driving the said vehicle on the road along the intersection, at the Han Young River.

In this end, the defendant suffered spatitiss that require treatment for about two weeks to the victim.

2. The Defendant, while under the influence of alcohol concentration of 0.124% at the time and place as mentioned in the above paragraph (1) above, driven the said car at the section of approximately two kilometers from the street 178-dong, Seoul, Gangdong-gu, Seoul, to the street 178-dong, the location of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to each investigation report, actual condition survey report, generation report, field map, each photograph, and diagnosis report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) (each fine) of the Road Traffic Act concerning the facts constituting the crime;

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