beta
(영문) 인천지방법원 2013.04.19 2013고정689

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a ESFM car.

On November 17, 2012, the Defendant driven the said car in a state where normal driving is difficult due to the influence of alcohol that reaches 0.152% of blood alcohol concentration at around 00:40 on November 17, 2012, and driven the said car along a three-lane road of 54-3 ahead of the 54-3rd way in Bupyeong-gu Incheon, Bupyeong-gu, Busan along a three-lane distance from the direction of the mountain distance.

Since a vehicle stops in the front at the time, the driver of the vehicle has a duty of care to ensure the safety of the course by checking well the right and the right and the right of the front line and to accurately operate the steering and steering system, to maintain a safety distance from the vehicle in front and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(the age of 51) who stops in the signal atmosphere at the bend of the bend of the passenger taxi in front of the passenger car of the Defendant.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim, such as catum cat, which requires approximately two weeks of medical treatment, and the injury to the victim E (the 53 years old), who is the taxi passenger in the above C, such as catum cat, for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the actual condition survey report, the master-employed driver report, and each medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 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;