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(영문) 서울동부지방법원 2016.05.31 2016고정475
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On December 19, 2015, the Defendant driven the said car while under the influence of alcohol level of 0.131% during blood transfusion around 02:30 on December 19, 2015, and led the front road of Gangdong-gu Seoul to drive the said car in the direction of the driving distance from the surface of the shooting distance.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by failing to drive the motor vehicle in a state where it is difficult to drive the motor vehicle on the front-time basis due to influence of drinking, or it is difficult to operate the steering system, etc. normally.

Nevertheless, the Defendant neglected this and got the victim D(67) who was engaged in driving to board customers in the front of the mashing room by negligence while driving in a state where normal driving is difficult due to influence of drinking, and received the back portion of the 5-si driving EK5-si with the highest front portion of the car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to survey reports on actual condition, records of drinking measurement, reports on the detection of drivers of primary drivers, circumstantial records of drivers of primary drivers, medical certificates, and written estimates;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the selection of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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