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(영문) 서울동부지방법원 2013.12.05 2013고정2580
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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 string three cargo vehicles.

On June 21, 2013, at around 03:34, the Defendant driven the above 3 truck with the above 0.115% alcohol level, while under the influence of alcohol around 03:34, and driven the front road of 54-10, Songpa-dong, Songpa-gu, Seoul, with the flow-based distance from the surface of the gate-dong, Songpa-gu, Seoul, along the four-lanes.

A person engaged in driving of a motor vehicle has a duty of care to reduce speed and safely drive the motor vehicle by taking the front left well, and not drive the motor vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, the Defendant neglected to do so while driving so while driving in the influence of alcohol and caused the part behind the right-hand part of the Dunst vehicle driven by the victim C, who was in the signal atmosphere prior to three-lanes in front of the left-hand part of the 3-way cargo vehicle of the same direction, and caused the shock, thereby getting the victim E to follow the part behind the left-hand part of the said unst vehicle.

As above, the Defendant suffered injury to the victim C by negligence in the course of performing duties, which requires a two-day medical treatment, due to the negligence in the course of driving a motor vehicle while driving a motor vehicle normally due to drinking, and the victim E suffered injury, such as the celebin salt of the celebin which requires a two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Report on the occurrence of a traffic accident, drinking measured and output, report on the circumstantial statement of a drinking driver, field map, and each photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 crime committed;

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

1. Each selective fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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