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(영문) 서울북부지방법원 2017.08.10 2017고단2403
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

The defendant is a person who is engaged in driving a low-speed car.

On May 24, 2017, the Defendant driven the said car under the influence of alcohol content of 0.185% among blood transfusions on May 24, 2017, and driven three-lanes of three-lanes among three-lanes in the front of Seongbuk-gu Seoul Metropolitan Government (Seoul), at the end of the ambi-dong room, with the national bank.

In this case, there was a duty of care to prevent accidents, such as making a person engaged in driving of a motor vehicle well seeing the right and the right and the right and the right of the motor vehicle, and accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to influence of drinking and did not recognize the change of the lane from the three-lane to the two-lane, and caused the negligence of driving the two-lane in the same direction as that of the victim D(48) who proceeded with the two-lane in the same direction as that of the victim D(S) who proceeded with the two-lane in the same direction.

As a result, the Defendant suffered injury to the victim, such as cinal salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the provisions of Acts and subordinate statutes to the survey report on actual condition, vehicle photographs, statement on the situation of the driver in charge of driving, report on the detection of the driver in charge of driving, statement on the occurrence of traffic accidents, and copy of the diagnosis

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 that the defendant is punished by a fine twice due to the driving of drinking in the past.

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