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(영문) 서울동부지방법원 2014.01.21 2013고정2786
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

Defendant

A is a person who has driven a vehicle as a duty after new franchise.

1. On November 30, 2012, the Defendant driven the said vehicle in a condition that it is difficult to drive normally and at around 22:35 on November 30, 2012, and led the Defendant to drive the said vehicle along the three-lane way in front of the 348-2, Gangdong-gu Seoul Metropolitan Government, along the one-lane from the direction of the road.

Any person engaged in the driving of motor vehicles shall accurately operate the steering system, brakes and other devices of motor vehicles, and shall not drive motor vehicles at a speed or in such a manner that may cause any danger and impediment to other persons according to the traffic conditions of roads and the structure and performance of motor vehicles.

Nevertheless, it is difficult to drive under the influence of alcohol in a state where normal operation is difficult.

The back part of the D Lasta vehicle in the front of the vehicle under the influence of the signal signal C(54 years old) is inferred into the front part of the vehicle under the direction of the vehicle under the influence of the C(54).

In the end, the victim suffered from the injury of the 7-day “satise satons and tensions” in the above accident.

2. On the same date as above 1, a person drives a vehicle with a distance of about 3 kilometers from the upper corner of the road in Gangnam-gu Seoul Metropolitan Government to the uppermost of 348-2, Gangdong-gu, Seoul, with the main alcohol level of 0.181% at the same time as above 0.1%.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. The application of Acts and subordinate statutes of the Ministry of Health and Welfare, including a survey report on actual conditions, a traffic accident occurrence report, a records of measurement of drinking, a report on detection of each drinking driver, a report on circumstantial statements of a drinking driver, a report on request for appraisal, an investigation report

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. The fact that the victim is not punished under Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation;

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