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(영문) 서울동부지방법원 2013.05.29 2013고단758
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.

Reasons

Punishment of the crime

On February 25, 2013, at around 23:20, the Defendant: (a) driven the front road 19, Songpa-gu Seoul Stacking-dong 19, with a blood alcohol concentration of approximately 0.170%; (b) driven a G rocketing car on the side of the sports complex; (c) driven the front road to the Newcheon Station distance on the side of the sports complex; and (d) was in the atmosphere signal at one-lane of 5 lanes according to the front stop signal at that place.

Since there are a lot of traffic of vehicles and the vicinity of the intersections where signal atmosphere vehicles are located, the driver of the vehicle had a duty of care to prevent accidents by accurately operating the steering system and operating the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, tried to catch the cell phone received from the cell phone, was negligent in neglecting the time of the front line, and tried to see the back part of the I-learning car driven by the victim H(32 years of age) who was in the atmosphere near the said intersection, with the part of the front part of the other car.

As above, the Defendant, while driving the Defendant’s vehicle in a situation where normal driving is difficult due to influence of drinking, suffered injury such as salt, tension, and so on by the J (the age 32) of the victim J (the age 32) and the victim K (the age 32) who was on the same vehicle, in need of two weeks of medical treatment, and suffered injury to the victim L (the age 32) who was on the same vehicle for two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to L, H, J, and K;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving).

1. Selection of penalty;

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