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(영문) 서울중앙지방법원 2013.10.31 2013고정5090
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.

Reasons

Punishment of the crime

On July 25, 2012, the Defendant driven a blood alcohol concentration of 0.140% at around 04:00, while the Defendant was under the influence of 0.140% and it was difficult to drive normally due to its influence, and the Defendant was driven by the Defendant in front of the vehicle driving the back part of the D taxi driven driven by the Defendant (54 years old) driven by the victim C (54 years old) who was driven by the Defendant while driving a two-lane of the two-lane road in front of the exit of the 3rd-ro, Dol Jeju Gotdo-ro, 26-ro, Gotdo-ro, Jeju.

As a result, the defendant suffered from the victim E (75 years of age) who is the passenger of the above victim C and the above taxi, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. The actual condition survey report;

1. Vehicle photographs;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the criminal facts as prescribed in the corresponding Act; and

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 [limited to the extent of adding up the maximum amount of the crimes under the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes under the Road Traffic Act];

1. Articles 70 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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