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(영문) 서울남부지방법원 2013.05.15 2013고정1317
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of the B-to-pur vehicle.

On December 26, 2012, at around 03:57, the Defendant driven the said vehicle in a state where normal driving is difficult due to alcohol of 0.134% of blood alcohol concentration. While the Geumcheon-gu Seoul Metropolitan Government Geumcheon-dong 1086 Geumcheon-gu is driving from the Mancheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-gu Sacheon-si, and neglected to perform his duty of Jeoncheon-gu Sacheon-gu Sacheon-gu Sacheon-si and driven in the front part of the said vehicle, the Defendant received the back part of the victim C(50 years old-gu driving) who was sent to the occupational negligence.

Therefore, the victim G (24 years old) who is the passenger of the damaged vehicle suffered injuries, such as the Ha (n, 20 years old), the victim H (n, 20 years old), the victim C, the victim C, the victim I (n, 53 years old), the victim J (52 years old), the victim K (43 years old), etc. in need of medical treatment for each two weeks period of time, and the victim E suffered spatitiss that require medical treatment for each one week of time.

Summary of Evidence

1. Defendant's legal statement;

1. A statement on the occurrence of each traffic accident, and a written statement and an explanatory note;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, reports on accident involving drivers, reports on accident involving drivers, and reports on actual state of drivers;

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

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

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

1. Selection of each alternative fine for punishment;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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