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(영문) 서울중앙지방법원 2013.10.16 2013고정4623
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a EXE car.

On June 21, 2013, at around 05:05, the Defendant driven the above vehicle while under the influence of alcohol of 0.169% of blood alcohol concentration, and driven the front road of the Jongno-gu Seoul Metropolitanro 408-ro e-mail in the direction of 5 e-mail away from the Cheongcheon-ro e-mail.

In such cases, the defendant who is engaged in driving of a motor vehicle shall not drink and drive a motor vehicle, and there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system of the motor vehicle that gets to live well on the front side and the right side and the right side.

Nevertheless, the defendant neglected to do so under the influence of alcohol and proceeds ahead of the same direction by negligence.

The back portion of the taxi that was driven by C (Nam, 56 years old) while stopping in the signal atmosphere was received as the front portion of the left side of the vehicle driving by the defendant.

As a result, the Defendant suffered injury to the victim E (the 26-year old) of the damaged vehicle due to the negligence in the course of driving a motor vehicle while normal driving due to drinking, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of 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 selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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