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(영문) 인천지방법원 2013.11.27 2013고단6792

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

【Criminal Force】 On April 21, 2011, the Defendant was sentenced to three years of imprisonment with prison labor for the crime of assault, death, etc. at the Incheon District Court, which became final and conclusive on April 29, 201, and is currently under suspended execution.

【Criminal Facts】 The Defendant is a person who is engaged in driving a motor vehicle B-to-purd.

On September 1, 2013, at around 08:15, the Defendant driven the said car while under the influence of alcohol with 0.125% of blood alcohol concentration, and led the driving of the said car in the direction of the school distance in front of the literature stadium located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

At the time, there was an intersection where signal lights are installed, so in such a case, there was a duty of care to reduce the speed to the person engaged in driving of the motor vehicle and to prevent the accidents in advance by driving the motor vehicle well by looking at the movement of the vehicles in the signal lights and the frontline.

Nevertheless, the Defendant was negligent in driving under the influence of alcohol and caused injury to the victim C and E (the 21 year old) who was driving by the victim C (the 53 years old) who was driving in the direction of the official declaration in the direction of the door-to-gym Stack drive, due to the negligence of entering the intersection even though it was red signal while it was difficult for the Defendant to drive under the influence of alcohol, and was driving by the victim C (the 53 years old) who was driving in the direction of the official declaration in the direction of the door-to-gym Stick (EF).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written report from an employee of an employer;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. Selection of each alternative fine for punishment;

1. Aggravation for concurrent crimes;