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(영문) 서울중앙지방법원 2013.09.12 2013고정4165
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 has driven a motor vehicle in the course of business.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the above vehicle while under the influence of alcohol at 0.154% on May 27, 2013, at around 21:58, the Defendant driven the above vehicle, leading the road in front of the monthly valley of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, to the direction of a three-lane distance from the head of the middle school and the head of the middle school.

In such cases, the driver of a motor vehicle shall safely drive the motor vehicle by checking well the front left, and shall not drive the motor vehicle in a situation where normal operation is difficult due to drinking.

Nevertheless, if it is negligent in neglecting it, it goes beyond the left-hand side of the road running on the right-hand side of the vehicle.

As a result, the Defendant suffered injury, such as a non-furnal therapy, which requires approximately four weeks of medical treatment due to occupational negligence, to the victim while driving a motor vehicle normally due to the foregoing drinking.

2. The Defendant was under the influence of alcohol concentration of 0.154% at the above time, and was driving the said vehicle at a level of about 60 meters at the front of the said accident site of Seongbuk-gu Seoul Defendant D at the front of the said accident site.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant 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 criminal facts and the choice of 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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