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(영문) 서울중앙지방법원 2014.02.06 2013고정6594
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 Party’s car.

On August 27, 2013, the Defendant driven the said car while under the influence of alcohol of 0.175% of blood alcohol concentration on August 27, 2013, and proceeded with one lane in front of the access road to the Dansan apartment in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with the direction of the Ari-ri-ri-ri area from the 508 complex surface.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front side well and to refrain from driving the motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant, who was under the influence of alcohol and stopped at the front of the vehicle in front of the Defendant’s driver’s vehicle, was found to have received the part behind the victim’s Drocketing taxi, which was under the influence of alcohol and was under the influence of the driver’s negligence.

As above, the Defendant suffered the victim’s injury, such as climatic salt, which requires a medical treatment for about two weeks due to negligence in the course of the business of driving a motor vehicle while normal driving due to drinking, and the victim E who was aboard the said taxi suffered from the injury of salt and tension in each field of the shouldering that requires a medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the occurrence of each traffic accident in C and E preparation;

1. A traffic accident report;

1. A traffic accident occurrence report;

1. A written report from an employee of an employer;

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and 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. Selection of each alternative fine for punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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