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(영문) 서울중앙지방법원 2012.11.29 2012고정1436
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

The defendant is a person who is engaged in driving service of Oral Ba at C125:

1. On November 23, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) committed an act of driving the Oral Ba on the surface of 568-29, Gangnam-gu, Seoul, on the surface of the main body of the victim D, which was two-lanes in the direction of the course of the course of the operation of the Defendant, and caused the victim to suffer injury, such as salt and tension, by failing to neglect the duty of care to safely drive the motor vehicle in a clear mental state at all times when the driver of the motor vehicle, despite the fact that the driver of the motor vehicle had a duty of care to safely drive the motor vehicle by neglecting the ebbbbbbbbb and the left and right in the old mountain field, and driving the motor vehicle by neglecting the operation of the motor vehicle under the influence of alcohol as described in paragraph 2 below.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

2. While the Defendant was under the influence of alcohol level of 0.143% at the time and time, as described in the above paragraph (1) of the Road Traffic Act, the Defendant driven approximately 2 km of the above otobba in Seocho-gu Seoul, Seocho-gu, Seoul, from the stroba to the strophy road in the drybabbbba market located in the Seocho-gu, Seoul to the 568-29 front way in Gangnam-dong, Gangnam-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes to accident vehicles and field photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 subparagraph 1 and 44(1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201) concerning criminal facts.

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