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(영문) 서울북부지방법원 2015.07.17 2015고정889
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 9, 2009, the Defendant was sentenced to a fine of KRW 4 million and a fine of KRW 6 million at the Seoul Eastern District Court on April 15, 2010.

On April 15, 2014, at around 08:15, the Defendant, while under the influence of alcohol of 0.138%, driven the B Corrodo Purpose Vehicle at a point of 41.8 km in the Seoul, Nowon-gu, Seoul, Nowon-gu, Seoul, the Defendant proceeded with the “water production tunnel” at a point of 41.8 km of the upper line of the Seoul, Nowon-gu Highway.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check and drive the course safety by checking well the front left left.

Nevertheless, the Defendant was negligent in driving the instant tunnel due to negligence and left the lane, leaving the lane, and was driven by the victim C who proceeded four-lanes of the said tunnel, following the vehicle driving by the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as light salt, which requires a medical treatment for about two weeks.

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. A medical certificate;

1. On-site photographs;

1. Notification of the control of drinking driving;

1. Making a report on the control of drinking driving;

1. A report on the state of the operation of a motor vehicle;

1. Investigation report (related to the application of the Tramarking Tariff);

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act and the choice of fines for 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 (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;

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