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(영문) 서울동부지방법원 2017.07.21 2017고정707
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 19, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving two-lanes between three-lanes in the direction of the distance between 550 days south, Gangdong-gu Seoul, where it is difficult to drive the said vehicle normally while under the influence of alcohol content of 0.125% in blood at around 19:40 on February 19, 2017.

In this case, a person engaged in driving service has a duty of care to drive safely by checking the front side and the left side well.

Nevertheless, due to the negligence of neglecting this, the part of the back part of the C-A-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Vehicle

Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to influence of drinking, and caused the victim to suffer the injury of salt and tension in need of approximately two weeks medical treatment due to such occupational negligence.

2. Defendant 1 driven the said vehicle under the influence of alcohol content 0.125% in blood, at the same time as the above paragraph 1 of the Road Traffic Act, at approximately 500 meters from the distance south of Gangdong-gu Seoul Metropolitan Government to the front day of the 550-ro dong-dong-ro 550.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Making a statement on the circumstances of a driver who takes drinking and keeping records of drinking;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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