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(영문) 인천지방법원 부천지원 2014.07.17 2014고단968

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of five million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B as a crime of violation of the Road Traffic Act on June 22, 2010, there is a record of criminal punishment of a fine of one million won in the Busan District Court's subsidiary branch court, and a fine of two million won in the same court on July 24, 2012.

1. Defendant A is a person who is engaged in driving a C body-man car.

On March 25, 2014, at around 20:05, the Defendant driven the above vehicle while under the influence of alcohol of 0.159% with a blood alcohol concentration of 0.159%, and led the Defendant to proceed along one-lane of the two-lanes of the two-lanes from the offside of Samcheon-si, Ycheon-si to the new interest market room.

In this case, a driver of a motor vehicle has a duty of care to prevent an accident by properly operating the steering gear and steering devices in a safe way, taking into account the traffic situation of the front and rear left-way in the course.

Nevertheless, the Defendant neglected to drive a vehicle at the front of the vehicle in a state where normal driving is difficult due to the foregoing influence of drinking, and discovered a DNA motor vehicle which was driven by the victim B (53 years old) who was driven by the victim B (53 years old) while driving a vehicle at the front of the course and caused damages to pedestrians, and received the back part of the victim's driving vehicle as the front part of the vehicle.

The Defendant caused the victim by negligence in the course of performing the above duties to suffer injury, such as catum salt, which requires treatment for about two weeks.

2. On March 25, 2014, Defendant B driven a D Spart-type car at the 1km section from the front side of the Geocheon-gu, Yacheon-gu, Yacheon-gu to the road of approximately 413 km-dong, Seocheon-gu, Yacheon-gu, Yacheon-gu, 97, under the influence of alcohol with a blood alcohol content of 0.051% at around 0:05.

Summary of Evidence

1. Defendants’ legal statement

1. A traffic accident report, a traffic accident report, a field photograph, a report on detection of each drinking driver, a report on the detection of each drinking driver, a report on the actual status of driving, and a medical certificate;

1. Criminal records before judgment: Criminal records;

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