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(영문) 서울서부지방법원 2015.01.15 2014고단2857
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around August 19, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Dangerous Punishment, etc.”) driven a clater motor vehicle in the direction of the Yongsan-gu Office, Yongsan-gu, Seoul, while under the influence of alcohol concentration of 0.112% in blood, while driving a clater motor vehicle in the direction of the Yongsan-gu Office.

In such cases, the driver of the vehicle has a duty of care to properly operate the brake system according to the surrounding traffic conditions while living well in front of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant, due to the negligence of failing to properly operate the front-down and the operation of the operation of the operation system in the front bank, and was driven by D, which was driven by D, for the purpose of stopping in accordance with the new subparagraph, as the front-hander of the Estyna taxi.

As a result, the Defendant, while driving the said franchise-house in a situation where it is difficult to drive the car normally due to the influence of drinking, suffered injury to the victim F (the 37 years of age) of the passenger on the said rocketing taxi due to the said flock-house, such as revolving the flock flock, which requires approximately 6 weeks of medical treatment.

2. On the date and time set forth in paragraph (1) of this Article, the Defendant driving a franchise vehicle under the influence of alcohol of about 0.112% of alcohol concentration in the section of approximately 7 km of Yongsan-gu Seoul, Yongsan-gu, Seoul, in the direction of about 101 KHro-ro, the 101 Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (Selection of Fine) concerning 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 and 69(2)1 of the Criminal Act for the detention of a workhouse;

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