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(영문) 서울서부지방법원 2013.08.22 2013고단969
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

1. On April 13, 2013, the Defendant was negligent in driving the 4890 red scar in front of the Seoul Seodaemun-gu in the direction of the red scar in the direction of the red scar, and caused the victim C (Nam, 57 years old) who was in the front direction of the Defendant’s running of the Dyststy taxi in front of the front direction of the Defendant’s running, while negligent in driving in the direction of the red scar, thereby causing the victim C (Seoul, 57 years old) to take the back part of the Dystyya taxi that was driven by the victim C (hereinafter referred to as “C”) who was in front of the front direction of the Defendant’s running, and caused the victim C to take approximately two weeks of alcohol alcohol level and to walk the smell, and caused the victim to suffer from approximately two weeks of alcohol level in the front part of the XG and to take care of the victim E. 25 years old-gu passenger scar in the left side (hereinafter referred to as the victim”).

2. The Defendant, at the same time and time as in the preceding paragraph, driven the franchising XG car while under the influence of alcohol by 0.157%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of each traffic accident;

1. The actual condition survey report;

1. A report on detection of a host driver and a circumstantial report on the host driver;

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, the Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime concerned and the choice of punishment for each specific crime;

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, Article 38 (1) 2, and Article 50 of the Criminal Act (Provided, That within the scope of adding up the maximum amount of two crimes, aggravated concurrent crimes);

1. The circumstances and results of the crime indicated in the reasoning of sentencing under Articles 70 and 69(2) of the Criminal Act shall be taken into account, the degree of exploitation, the circumstances before and after the crime, etc., but the defendant has no major criminal power, and the damage is relatively heavy.

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