logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2015.10.22 2015고정654
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 02:00 on April 12, 2015, the Defendant: (a) driven C motor vehicles with a blood alcohol concentration of about 0.137% while drunkly under the influence of alcohol from around the Nakdong River Station located in Gwanak-gu in Seoul Special Metropolitan City to the road front of the flow distance in the Yyang-dong, Seoul Special Metropolitan City.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the said vehicle at the same time as in the preceding paragraph while it is difficult to drive the said vehicle normally due to influence of drinking, and led the said vehicle to the distance of playground from the side

In such cases, a person engaged in driving duty has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation to prevent accidents.

Nevertheless, the Defendant neglected to do so and neglected to drive while driving, and caused the injury of the victim D and the passenger F (age 56) by driving the victim D (age 34) who stops in the traffic signal atmosphere at the two-lanes of the six-lanes, and driving the victim D(age 34) in front of the Defendant’s vehicle and driving the driver D and the passenger F(age 56) who is the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared D and F;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

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

1. Relevant Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

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 (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;

arrow