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(영문) 서울남부지방법원 2014.08.13 2014고단2247
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B K5 vehicle;

On May 29, 2014, the Defendant driven the said car while under the influence of alcohol of 0.141% of blood alcohol concentration on 21:58, and proceeded at a speed of about 5 km per hour from the surface of the Gangseo-gu Seoul Metropolitan Government, the roads of 248-26 ahead of the 248-26-do, in the Seogdong market, at a speed of about 5 km per hour from the surface of the Gangseo-gu Office.

At night, there is a duty of care to thoroughly operate the dong and steering gear in the front side of the road at night, and to safely proceed by operating the dong and steering gear in the front side of the road by the victim C(59 years old).

Nevertheless, as seen above, the Defendant neglected to drive a vehicle at the front time while it is difficult due to influence of drinking and proceeded as it is, due to the negligence of the Defendant’s driving in front of the vehicle at the front of the Defendant’s driving, thereby causing injury to the victim, resulting in an injury to the victim by causing about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the same time, at the same place, driven a B K5 vehicle owned by the Defendant under the influence of alcohol content of about 0.141% from the section of approximately 3 km from the front of the Gangseo-gu Seoul Metropolitan City Yero to the same Gu romo-ro 248-26.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report (1) (2) and confirmation of the measurement of drinking alcohol;

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

1. Selection of a fine under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and each choice of a fine concerning the crime;

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

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

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