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(영문) 서울중앙지방법원 2014.10.14 2014고정4262
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 23, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven Bsch Rexroth car with a blood alcohol concentration of 0.133% under the influence of alcohol on July 23, 2014, and driven the road in front of 540 Doro-dong, Gangnam-gu, Seoul, Seoul, with one-lane in the direction of the distance of the Gangnam-gu residents' center in the remote distance of Gangnam-gu, Seoul.

A driver of a motor vehicle has a duty of care to see the front side well, safely drive the motor vehicle while maintaining the distance from the front vehicle, and not drive the motor vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, the Defendant, while negligent in driving a vehicle while under the influence of alcohol and negligent, conflict with the part concerning the front part of the Defendant’s driver’s vehicle in front of the victim C (ma, 58 years old) who stops in the same direction as the traffic signal.

As a result, the Defendant suffered injury to the victim, such as satisfe, tensions, etc. requiring treatment for about two weeks.

2. When the Defendant was under the influence of alcohol by 0.133% at a time under the preceding paragraph, the Defendant driven a vehicle with a volume B 2 km from the vicinity of the Gangnam-gu Seoul Southernnam Station to the road front of 540 Doro-dong, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report (1) (2) (actual survey report);

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning vehicle photographs and black images;

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 and the choice of fines for the crime;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.

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