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(영문) 인천지방법원 부천지원 2013.05.15 2013고정618

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine not exceeding seven million won.

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

Reasons

Punishment of the crime

1. The defendant is a person driving a B carren vehicle owned by himself/herself, who is the subject of the Aggravated Punishment, etc. of Specific Crimes;

On February 6, 2013, around 23:30, while under the influence of alcohol with blood alcohol concentration of 0.233%, the car of this car was driven by the driver of the Karen motor vehicle, leading directly from the bank of Spo-dong in Kimpo-si, Kimpo-si toward the flick distance, and proceeded in one way between two laness.

At the time of the night and the median line are installed in a double line, in such a case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to safely drive the motor vehicle and prevent the accident in advance by keeping the front line in good mind.

Nevertheless, due to the negligence of driving beyond the central line, the C Poter's left-hand part of the Poter's Poter's Poter's Poter's Poter's Poter's Poter's left-hand part.

Accordingly, the victims suffered injuries that require the medical treatment of all-time two weeks, such as knee-pathing, etc.

2. The Defendant violated the Road Traffic Act (driving) at the same time, driven a B car under the influence of alcohol content of about 100 meters from the place of Kimpo-si in Kimpo-si to the front corner of the ice store located in the same location, and driven a B car under the influence of alcohol content of about 0.233%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

1. Of concurrent crimes, the maximum amount of the crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be applicable;