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(영문) 인천지방법원 2015.01.09 2014고정4179

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving a B SP car.

On August 19, 2014, at around 03:45, the Defendant driven the said car with a blood alcohol concentration of 0.190% and proceeded at a speed of about 40km by using one lane from the side of the C Hospital to the 52-way funeral route of Bupyeong-gu Incheon Metropolitan City.

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 there was a duty of care to properly operate the steering and steering gear, and to safely drive the motor vehicle along the lane.

Nevertheless, under the influence of alcohol, the Defendant, while driving a motor vehicle, was negligent in driving the motor vehicle and waiting for the signal on the opposite lane due to the negligence of breaking the center line, was driven by the victim D (Nam, 39 years old) with the driving seat of the motor vehicle in front of the driver's seat of the motor vehicle of the Defendant.

Ultimately, the Defendant, as seen above, suffered from the occupational negligence of driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, such as the “finites and tensions,” which requires the victim D to provide approximately three weeks’ medical treatment, and the “finites and tensions,” which require approximately three weeks’ medical treatment for the winners of the damaged motor vehicle F (the age of 23).

2. The Defendant, at the same time and place as Paragraph 1, driven a B SP car under the influence of alcohol with a blood alcohol level of 0.190%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. The traffic accident report (the actual condition survey report), the report on the actual condition of a drinking driver, each general medical certificate, and the blood alcohol.