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(영문) 서울동부지방법원 2013.09.26 2013고정1947
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving in the volume of BAP car.

1. Around 09:40 on May 01, 201, the Defendant driven the above car, and led the road front of the 10 comprehensive playground Dong, Songpa-gu, Songpa-gu, Seoul to drive at a speed that would not be known by three-lanes between the five-lane distance from the Samsung Tridge.

In such cases, a person engaged in driving service shall not drive in a state where normal driving is impossible due to the influence of drinking, and there was a duty of care to prevent accidents in advance by securing the safety distance sufficiently and safely.

Nevertheless, the Defendant neglected this and proceeds ahead of the same lane in the same direction as he did not properly operate the brake while driving the said vehicle in a state where it is impossible to drive the vehicle normally due to the alcohol concentration of 0.131%.

The part of the Drocketing car backer driven by the victim C(37 years of age, n, n) who stops in the signal signal atmosphere was moved to the front of the vehicle driven by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks due to occupational negligence as above.

2. The Defendant, at the same time and time, driven approximately 2 km from the Geumdong, Gangnam-gu, Seoul, to the roads front of the 10 integrated playground Dong, Songpa-gu, Seoul, with a blood alcohol concentration of about 0.131%.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the actual condition survey report, traffic accident occurrence report, report on the detection of a primary driver, report on the circumstantial statement of a primary driver, each red inquiry, photographs, and medical certificates and Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the criminal facts and the selection of the sentence thereof (each fine);

1. Aggravation for concurrent crimes;

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