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(영문) 서울중앙지방법원 2014.04.17 2014고정958
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle in B.

On December 1, 2013, at around 00:38, the Defendant, while under the influence of alcohol, it is difficult to normally drive the said vehicle due to the influence of alcohol (the state of speech is divided into several languages, the walking condition is a little irregular, and the driver's blood color is early as early as possible) while driving the said vehicle in a state where it is difficult to normally drive the vehicle due to the influence of alcohol (the state of speech is divided into several languages, the walking condition is a little irregular, and the driver's blood color is early as early as possible), and the distance of the Daechip station in Gangnam-gu Seoul Metropolitan City was driven along the four-lane direction of the

In such cases, a driver of a vehicle shall not drive the vehicle under the influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving by checking the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so while under the influence of alcohol and neglected to do so, and received the part of the victim C(53 years old) driving D in front of the car driving by the Defendant, following the victim C(53 years old) driving in the front direction of the horse.

Ultimately, as seen above, the Defendant suffered from the victim E (the 37 years of age) by negligence in the course of business the following: (a) the climatic scam, etc. requiring approximately two weeks of medical treatment to the victim C; and (b) the climatic scam and tension requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, actual condition investigation report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A report on investigation;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (with regard to the crimes against the Aggravated Punishment, etc. of Specific Crimes, the crimes against the Aggravated Punishment, etc. of Specific Crimes and the crimes against E more severe;

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