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(영문) 인천지방법원 2013.08.30 2013고정2473

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 car in a SP area B.

On April 27, 2013, at around 01:14, the Defendant driven the said car under the influence of alcohol that reaches the blood alcohol concentration of 0.167%, and driven the road of four-lanes in front of the department department store in accordance with two-lanes from the new world department store to the distance of the art center.

Since there was a motor vehicle stopping in the front at the time, the driver of the motor vehicle has a duty of care to check the safety of course by checking well the right and the right and the right of the front side of the motor vehicle, to accurately operate the steering and steering system, to maintain a safety distance to avoid drilling with the motor vehicle in front, and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant was under the influence of alcohol while driving as it is while driving without being negligent, and the Defendant did not find the victim C(the age of 65) under the influence of the signal at the bend of the bend and received the victim’s back part of the taxi in front of the passenger car.

As a result, the Defendant suffered from the injury of c and the victim E (V, 18 years old) who is the passenger of the above c and the damaged vehicle due to the above occupational negligence, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Each written diagnosis and written estimate;

1. A report on detection of a host driver;

1. Application of photographs of damaged vehicles, photographs of harming vehicles, and Acts and subordinate statutes on the site of accident;

1. Relevant Act on the Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a sound driving) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of a

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.