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(영문) 인천지방법원 2015.05.06 2014고단2955

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is engaged in the business of driving Category C cargo vehicles.

On October 14:42, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.236% of blood alcohol concentration, and proceeded at a speed of about 40 kilometers per hour by driving the said vehicle at a speed of about 40 kilometers per hour from the direction of effective and new distance.

In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle, such as reporting the traffic situation well and accurately manipulating the steering system, etc.

Nevertheless, the Defendant neglected to drive the Karen vehicle in the same direction when it is difficult to drive the vehicle normally due to influence of drinking, and discovered late behind the Karen vehicle driven by the victim D (the age of 58) who stops in the signal atmosphere in the same direction, and concealed the vehicle behind the damaged vehicle in the front part of the Defendant vehicle, and caused the collision, which led to the collision, the Karen vehicle driven by the victim F (the age of 46) who stops in the front part of the vehicle in the front, and caused the collision of the Maring vehicle in the future due to the shock.

The Defendant, due to such occupational negligence, suffered from the victim D’s dume, etc. in need of treatment for about two weeks, and from the victim F, the victim F suffered from the injury of the upper part of the right shoulder and the net heat that require treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. The actual condition survey report, the circumstantial statement of a drinking driver, and the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of running a sound driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.