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(영문) 서울중앙지방법원 2015.11.27 2015고정3918
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On August 24, 2015, at around 22:50, the Defendant driven a B-car under the influence of alcohol level of 0.217%, and led to the progress of the road of the first-lane of Samsung Samsungdong, Gangnam-gu, Seoul, at the right speed from the jum to the Hestro.

At the time, since it is night and a place alley, there is a duty of care to accurately operate the steering gear and brake system, to verify the safety of the course, and to not drive a motor vehicle in a situation where it is difficult to drive a motor vehicle normally due to drinking.

Nevertheless, the Defendant, while neglecting the influence of alcohol, led the Defendant to go beyond the side of the road by leaving the victim D(43 years of age) and E(45 years of age) who was parked on the right side of the front side of the CA car parked on the road due to the negligence of the Defendant’s negligence.

As above, the Defendant suffered from an injury to the said D, such as kne kne kne fel fele, etc., which requires approximately two weeks of medical treatment due to negligence in the course of driving a motor vehicle while driving a motor vehicle normally due to drinking, and on the right side left from the right side which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in E and D preparation;

1. 교통사고보고-실황조사서⑴⑵

1. Drinking values;

1. A report on the actual state of the driver;

1. Application of each written diagnosis (D, E) statute;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 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 (mutual crimes of death or injury caused by dangerous driving) of the same Act;

1. Selection of each alternative fine for punishment;

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

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