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(영문) 서울중앙지방법원 2013.09.05 2013고정3907
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

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

On May 29, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.161% of blood alcohol concentration around 04:20 on May 29, 2013, and was driving in the direction of the passing intersection in the vicinity of a shooting distance, regardless of whether or not the roads in front of the Seoul Seocho-gu, Seocho-gu, Seoul.

In such cases, the defendant who is engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear and brake system of the motor vehicle while accurately operating the steering gear and brake system of the motor vehicle, and to refrain from driving the motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, due to the negligence that the Defendant was negligent in driving while under the influence of alcohol, the lower part of the lower part of the taxi for business use that the victim C drives ahead of the same direction was driving in the same direction as the front part of the right-hand part of the Defendant driving vehicle.

As above, the Defendant suffered from the injury of the Defendant, by negligence in the course of driving a motor vehicle in a situation where normal driving is difficult due to drinking, such as light fluoral salt, which requires approximately two weeks of medical treatment, and light fluoral salt, which requires approximately three weeks of medical treatment to the victim E of the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. Vehicle photographs;

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

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

1. 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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