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(영문) 인천지방법원 2015.03.27 2015고정493

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

1. Defendant shall be punished by a fine of KRW 10,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

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 B Sti R vehicle in business;

On November 14, 2014, at around 06:40, the Defendant driven the above vehicle while under the influence of alcohol with 0.184% of alcohol concentration, and was driving the front road in front of the Incheon Southern-gu, Incheon Metropolitan City in the direction of the large distance of bamboo and death from the surface of the mouth.

In such cases, drivers of vehicles shall safely drive the front left well so as to prevent accidents in advance, and have a duty of care to refrain from driving a motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the part of the victim D(50 years of age)'s E-Poter vehicle in the traffic signal atmosphere was shocked in front of the defendant's vehicle due to negligence in driving as it is while neglecting it.

Ultimately, the Defendant suffered from the injury of the victim F, who was on board the victim F, who was on board the top of the steering force of the damaged vehicle for about two weeks due to negligence in the course of driving a motor vehicle while driving the motor vehicle normally due to the above drinking, for about three weeks. The Defendant sustained the injury of the victim F, who was on board the victim F, in need of a medical treatment for about 48 years of age.

2. On February 18, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Incheon District Court on February 18, 2008, and was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Incheon District Court on May 24, 2012.

The Defendant, who violated two or more times of drinking driving skills, driven the said vehicle under the influence of alcohol content of 0.184% at the above time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements of D and F;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. A written report on actions against an employer, and a written report on the status of an employer driver;