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(영문) 서울남부지방법원 2013.06.17 2013고단1391
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is engaged in driving a rocketing vehicle B.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said vehicle on around 02:05 on a condition that the blood alcohol concentration is 0.114%, and led the said vehicle to the area of a water protection zone located in the area where the 189-1 Central Doctrine, Guro-gu, Seoul Metropolitan City was 189-1.14%.

At the time of night and there are lots of land surface, so in such a case, the driver of the motor vehicle has a duty of care to make sure of the traffic situation by reducing the speed and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the above vehicle and was placed on the opposite lane while driving the vehicle on the surface.

Ultimately, due to the above occupational negligence, the Defendant suffered approximately two weeks of medical treatment to the victim C (year 27) who is a passenger, a secondhand, etc.

2. The Defendant was driving the said vehicle under the influence of alcohol concentration of 0.114% at a distance of about 600 meters from the front of the error station in Guro-gu Seoul Metropolitan City to the front of the Central Escoping Station at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Reports on the occurrence of traffic accidents, reports on accident of drivers, reports on accident of drivers, and reports on actual status of drivers;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of fines;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do148, Apr. 1, 2011>

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;

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