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(영문) 서울북부지방법원 2015.05.27 2015고정965
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. On January 10, 2015, at around 01:47, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving): (a) around 01:47, the Defendant: (b) driven a victim C (62 years old) who was under the influence of signal waiting at the front of the Defendant’s vehicle while driving the 0.142% of alcohol level with red, snow, breathous, and difficult to drive normally; (c) but (d) drive the BK5 vehicle in front of the Y5-dong, Seoul Special Metropolitan City, Nowon-gu, while neglecting to drive the road in front of the Y5-lane Elementary School in front of the Defendant’s vehicle in front of the front left-hand part of the Defendant’s vehicle, resulting in an injury to the victim (62 years old) by taking into account the victim’s vehicle in front of the victim’s vehicle in front of the Defendant’s vehicle in consideration of the need for treatment.

2. While the Defendant was under the influence of alcohol level of 0.142% during the temporary border under the preceding paragraph, the Defendant driven the said car from the front line of the transit apartment in Nowon-gu, Seoul Special Metropolitan City to the front line of the offset 3km from the front line of the offset dong, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the occurrence of E traffic accident;

1. Reports on traffic accidents (on the actual condition survey report and photographs);

1. A medical certificate;

1. Application of Acts and subordinate statutes to written reports on host drivers, and written statements on host drivers;

1. 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, the 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 (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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