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(영문) 서울남부지방법원 2013.09.10 2013고정2394
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a passenger car in the B SP area owned by the defendant.

1. On April 23, 2013, at around 23:55, the Defendant is driving the said vehicle on the road of the Guro-gu Seoul Metropolitan Government 205-2 (Application of the Tramark) with a blood alcohol concentration of 0.172% (the application of the Madmark) at a speed that it is difficult for the Defendant to drive the vehicle normally, while driving the said vehicle and driving the two lanes out of the four-lanes in the direction of the error railroad station at a speed below the point of the accident.

On the other hand, the victim C(50 years of age) who was left to the left from the ethal ethal ethal ethal ethal ethal ethal ethal ethal ethal ethal ethal ethal ethal ethal ethal ethal ethal e

2. While the Defendant was under the influence of alcohol concentration of 0.172% (Application of Fdmark) at the time and time as indicated in the foregoing paragraph 1, the Defendant driven approximately 7 kilometers from the front road in front of the flive seat of the said vehicle to the front road of Guro-gu Seoul Metropolitan Government 205-2, a place of accident.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Investigation report (official application of the Ba mark);

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

1. Relevant 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 selection of fines for 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 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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