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(영문) 인천지방법원 부천지원 2016.04.07 2016고정325

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a B SP car with alcohol concentration of 0.23% while under influence of alcohol.

On 06. 09:18 on 06. 06. 09:18, the Defendant was driving ahead of the private distance of the 85 father-do University, Seocheon-gu, Seocheon-gu, Seocheon-do, Seoul, with the heart high-priced level from the room of the police station of the US, 000 won.

The driver of any motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle and not to drive the motor vehicle at such speed or in such a manner as may cause any danger and injury to others according to the traffic conditions of the road and the structure and performance of the motor vehicle.

Nevertheless, due to negligence of neglecting this, the victim C (56 tax, n, e.g., the victim C) operating this signal in the same room, followed by the fluor's fluor's fluor's fluor's fluor's fluor's top.

Due to its shock, E (25 years old, South) in the atmosphere signaled by the front driver while the franchise damaged vehicle is being pushed down in the future, and the F highest typoid vehicle operated by this E (T. 25 years old, South) was shocked by the driver.

As a result, the Defendant suffered injury to the victim C, such as dynaf, etc., of the bones of neck, which requires approximately two weeks of medical treatment, and injury to the victim E, such as cerebral synaf, requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs and videos, each medical certificate, and a report on the detection of a primary driver;

1. Article 5-11 of the Act on the Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each alternative fine for punishment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

6. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;