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(영문) 서울중앙지방법원 2014.10.29 2014고단4116
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

On April 25, 2014, at around 21:00, the Defendant driven C rocketing car under the influence of alcohol content of 0.169% from the mutually influent restaurant in Gangnam-gu Seoul, Seoul, to the roads of 823-14, Gangnam-gu, Seoul, while under the influence of alcohol level of 0.169%.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes of the place of measurement of drinking alcohol and report on investigation (related to the application of the Tramark);

1. Relevant laws concerning criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and selection of fines;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On April 25, 2014, the Defendant: (a) driven the said car at around 21:00; (b) driven the said car at around two-lanes in Seoul, Gangnam-gu, Gangnam-gu, Seoul, with two-lanes in front of 823-14, the Defendant was under the stop while driving the car at the national flag distance from the shooting distance at the regional middle school at the regional middle school.

At the time, the Defendant was under the influence of alcohol level 0.169%, and it was difficult to drive his body in a normal manner, such as allowing the Defendant to cut off his body with a string and divide the horses. The Defendant, who is engaged in driving, had a duty of care to look at the front and rear sides and the right and the right, to check the surrounding safety, and to drive the vehicle.

Nevertheless, the Defendant neglected this and opened a door to the driving seat of the said car and brought about the right side of the victim D who was driven by the said car. However, the right side part of the E-to-face driven by the victim D was faced with the said car driving seat and the said car.

As above, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered a loss of a lower bridge part, which requires treatment for about three weeks, from the said victim.

2. The offense of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes resulting from the judgment of drinking shall be brought about the injury or death of a person while driving a motor vehicle while normal driving is difficult due to influence of drinking by the driver;

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