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(영문) 서울중앙지방법원 2015.09.15 2015고정2789
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The defendant is engaged in driving a passenger car B with a set of 500 vehicles.

On June 6, 2015, the Defendant, while under the influence of alcohol 0.137% of blood alcohol level around 05:08, the Defendant driven the two-lane of the four-lane road in front of Gangnam-gu Seoul Metropolitan Government, toward the distance of the Gu Hospital History from the direction of the new station.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to drinking, and has the duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while neglecting the influence of alcohol, led the victim D(the age of 53) driving prior to the same direction due to negligence in the course of the same direction by neglecting the influence of alcohol, led the Defendant to the front part of the Defendant’s vehicle.

As above, the Defendant suffered, by negligence in the course of driving a motor vehicle while driving it normally due to drinking, the injury to the victim, such as light dynasium, which requires the number of days of treatment for about two weeks, and light dynasium, such as light dynasium, which requires the number of days of treatment for about two weeks to the passenger of the damaged vehicle (the age 22).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the occurrence of traffic accident;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and record on measurement of drinking;

1. Application of each medical certificate, vehicle photographing statute;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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