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(영문) 서울동부지방법원 2013.09.05 2013고정1884
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a C-Motor vehicle owned by B for business purposes.

1. On June 10, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) followed by three lanes in the south of the Seoul Special Metropolitan City, along with the 554 Olympic Games, the road of three lanes in the middle part of the North group in Seoul Special Metropolitan City.

In such cases, the driver of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the brake system.

Nevertheless, the Defendant neglected this, while driving in the state of blood alcohol concentration of 0.167%, and received the back part of the victim D (ma, 26 years old), who is the preceding vehicle, from the victim D (ma, 26 years old) to the rear part of the 1 ton cargo vehicle as the front part of the vehicle operated by the Defendant.

As a result, the Defendant suffered injury to the victim due to the above negligence, which requires medical treatment for about two weeks.

2. The Defendant of the Road Traffic Act (driving) is operating approximately 13 km from the south of the Olympic Winter Zone of Gwangjin-gu Seoul Special Metropolitan City to the middle part on the northwest, Seoul Special Metropolitan City, at the same time and place as the above paragraph (1) in a state of 0.167% alcohol level from blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report, a report on detection of a drinking driver, a fact-finding survey report, a statement on the circumstances of a drinking driver, and an inquiry request for appraisal;

1. Application of the medical certificate, each photographic statute;

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 concerning the relevant criminal facts and the selection of a sentence;

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

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (a point in which the defendant is difficult to conduct a workplace cancer operation);

1. The Criminal Act for the detention of a workhouse;

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