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(영문) 인천지방법원 2013.11.29 2013고정3475

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM car.

On August 6, 2013, at around 16:15, the Defendant driven the said car in a state where it is difficult to drive it normally due to the influence of alcohol that reaches 0.113% of blood alcohol concentration, and driven the three-lane road in front of 486-25, south-gu, Incheon Metropolitan City, according to two-lanes of the Gu citizen hall distance from the boundary of the new distance.

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

Nevertheless, the Defendant was under the influence of alcohol and proceeded as it is, while driving at the front of the traffic signal, did not discover the E-ro vehicle driven by the victim D (W, age 4) who was under the influence of traffic at the front of the traffic signal, and received the back part of the victim's vehicle in front of the passenger vehicle by the Defendant's vehicle. The damaged vehicle due to its shocked in the future, and the victim F (age 62) who was under the influence of the above signal was under the influence of the traffic signal.

Ultimately, the Defendant suffered from the injury of the victim H (the age of 57) who is a passenger of the passenger car of the victim D, the victim F, and F due to the above occupational negligence, such as catum d, the victim F, and the f, each of which requires two weeks medical treatment.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement made to D, F, and H;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

1. The actual survey report and on-site photographs;

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) 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. Trade name;