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(영문) 서울동부지방법원 2013.10.15 2013고정1913
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who drives a NAS car.

1. On April 30, 2013, the Defendant driven the said car while under the influence of alcohol of 0.130% of blood alcohol concentration on April 20, 2013, and proceeded with 207 on the side of 208, Songpa-gu, Seoul, Songpa-gu, 166.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a 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 neglected to drive under the influence of such drinking as above and continued to drive under the influence of such drinking, and neglected to do so, and brought about a collision with the left side of the victim C(54 years old) in front of the same direction with the back side of the driving vehicle of the Defendant.

In this way, the defendant suffered a loss by the victim, which is next to the left-hand side of the need for medical treatment for about two weeks.

2. The Defendant, while under the influence of alcohol content of 0.130% in a temporary border like the above Paragraph 1, was driving a vehicle with approximately 20 meters of the above 20-meter car on the street in front of the Songpa-gu Seoul Metropolitan Government 166 Sam-dong 208, Songpa-gu.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement on the occurrence of traffic accidents, reports on the state of the primary driver’s standing statement, reports on detection of primary drivers, and application of Acts and subordinate statutes to medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning 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. The same record of sentencing of Article 334(1) of the Criminal Procedure Act is the same.

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