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(영문) 서울동부지방법원 2014.05.16 2014고정706
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On January 15, 2014, at around 23:55, the Defendant was under the influence of alcohol with 0.102% of blood alcohol level, and the Defendant was driving the said Aarburged vehicle along the four-lanes in the direction of the Aarsan mountain basin from the military intersection of the military, as Seoul Special Metropolitan City Gwangjin-gu.

A person engaged in driving of a motor vehicle has a duty of care to reduce speed and safely drive a motor vehicle by checking well the front left, and not drive a motor vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, was driven by the Defendant at the front part of the vehicle of the same half-furged by the Defendant, and was driven by the victim C who stops in the same lane from the front part of the vehicle of the same lane to the signal signal atmosphere, and followed the part of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim C by negligence in the course of performing duties, which is in need of a two-day medical treatment, due to the negligence in the course of driving a motor vehicle while driving a motor vehicle normally due to drinking, and the Defendant suffered injury to the victim E, who was on the part of the damaged vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in C and E;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to vehicle damaged photographs and medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

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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