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(영문) 인천지방법원 부천지원 2012.12.14 2012고합358

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant does not pay the above fine, 50.1 day.

Reasons

Punishment of the crime

A. On August 15, 2012, at around 18:50 on August 15, 2012, the Defendant: (a) driven a wing vehicle B while under the influence of alcohol alcohol content 0.280%; (b) around 1km from the long-term village of electric power generation in Kimpo-si to the front of the North Korean change.

B. The Defendant violated the Road Traffic Act at around 18:50 on August 15, 2012, when strengthening the one-lane of the north side distance from the north side of the Kimpo-si, Kimpo-si on a speed of about 40 km in the direction of Kimpo-si, the Defendant invaded the central line, which is going in the speed of about 40km in the direction of the city in the direction of Kimpo-si, and caused property damage equivalent to 2.7 million won at the market price, by shocking the upper part of the left-hand part of the DK5 vehicle driven by the victim C

C. The defendant is engaged in driving the B-wing and high 3 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 15, 2012, at around 18:50, the Defendant driven the above vehicle while under the influence of alcohol with 0.280% of blood alcohol concentration, and proceeded at a speed of about 40km per hour in Seoul in the direction of Seoul.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents by safely driving the motor vehicle by reporting the situation of traffic prior to his/her driving and accurately manipulating the steering gear, brakes, etc.

Nevertheless, the defendant's neglect of this in the opposite direction of the debt, which the victim C(the age of 41, South) who was in the atmosphere of the signal at a one-lane, invadeds the left-hand upper part of the DK5 vehicle with the center line.

Accordingly, the defendant needs to give two-day medical treatment to C due to occupational negligence to C, to the same passengers E, to be treated for two weeks, to be treated for the same passengers F, to be treated for two weeks, to be treated for the same passengers, to be treated for the same passengers G, to be treated for two weeks, and to be treated for the same passengers H.

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