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(영문) 인천지방법원 2014.06.03 2014고정1624

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On February 14, 2014, at around 21:10, the Defendant driven a BK7 car in a state that it is difficult to drive normally due to the influence of alcohol that reaches 0.162% of blood alcohol concentration, and driven the two-lane road near the 11-lane ridge distance along the transmission road in Dong-gu Incheon Metropolitan City along the two-lane distance from the side of the bridge distance.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check the safety of the course by checking well the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care

Nevertheless, under the influence of alcohol, the Defendant was found to have been driven by the victim C(the age of 38) who was driven by the victim C(the age of 38) in order to make a right-hand at the bend of the bend of the bend of the bend. However, the Defendant was found to have been in front of the victim's car and received the back part of the victim's car.

As a result, the Defendant, by negligence in the above occupational negligence, suffered from the injury of scopical salt, etc. to the victim E (V, 39 years old), who is the passenger of the damaged vehicle, the injury of the scopical salt in need of approximately two weeks of treatment, and the injury of the scopical salt in need of approximately two weeks of treatment to the victim F (V, 10 years old), and the injury of the scopical salt in need of approximately two weeks of treatment to the victim G (V, 12 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. A written statement of traffic accident-related persons;

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 committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a drinking run);

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

1. Selection of a fine for negligence;