logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.05.16 2013고정935
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On January 18, 2013, the Defendant, who is engaged in driving of the Orussa car, driven the said car under the influence of alcohol level of 0.180% at around 19:10%, and led the Defendant to drive the said car along the two-lane roads of the 113-5-2-lane in Songpa-gu, Songpa-gu, Seoul, Seoul, along with a two-lane roads, as transmission waves.

At the time, there is an intersection where the vehicle signal, etc. is installed, and the victim C (34 years of age) stops and stops and is in the atmosphere of the signal according to the vehicle stop signal at the location, so in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to reduce speed and prevent the accident in advance by properly examining the direction.

Nevertheless, the Defendant neglected to drive a car in a state where normal driving is difficult due to influence of alcohol and neglected to do so, and caused the victim E (the 32 years old) who was on board the car like the victim C, a driver of the said car, by taking the above part as the front part of the driver of the said car, and was driving the car in the same manner as the driver of the said car.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A traffic accident report, a traffic accident report, a report on the actual condition of a drinking driver, a report on the circumstantial statement of a drinking driver, a record book for drinking measurement, an inquiry into the results of the crackdown on drinking driving, and an investigation report (applicable with the Mad

1. Application of each medical certificate, each photographic statute;

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 concerning the crime committed;

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

1. Each selective fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum aggregated)

1. The Criminal Act for the detention of a workhouse;

arrow