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(영문) 서울동부지방법원 2013.10.17 2013고정2149
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 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On June 26, 2013, at around 03:20, the Defendant driven the above vehicle while under the influence of alcohol of 0.220% of blood alcohol concentration, and led the Defendant to proceed from the direction of Songpa-gu, Songpa-gu, Seoul, the 327-3 front of the 327-3rd-do-dong, Songpa-gu.

A person engaged in driving service has a duty of care to safely drive a motor vehicle in a situation where it is difficult to drive a motor vehicle due to drinking while driving the motor vehicle in a safe manner.

Nevertheless, the defendant is driving under the influence of alcohol while neglecting it.

At the same time, the victim C (Nam, 57 years old) who was in progress prior to the direction of the marine conflict with the front pentel part of the defendant's driving after the left side of the Dstststa taxi.

Ultimately, the Defendant, as seen above, sustained injury to the victim, such as light salt, which requires medical treatment for about two weeks, by negligence while driving a motor vehicle in a state where normal driving is difficult due to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident investigation report, traffic accident occurrence report, drinking record repository, report on detection of drinking drivers, and circumstantial statement report of drinking drivers;

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) 1 and 44 (1) of the Road Traffic Act (each fine) concerning the crime;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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