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(영문) 인천지방법원 부천지원 2013.12.12 2013고단3143

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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

If 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 who is engaged in driving a BP vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On September 22, 2013, the Defendant driven the above vehicle around 22:30 on September 13, 2013, and proceeded at a speed of about 10km each hour at a speed of 10km depending on the two-lanes by driving the three-lane road in front of the school branch office in Yangpo-si, Kimpo-si, Kimpo-si, toward the two-lane side.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and found and operated the DMFW car driven by the victim C(36 years of age) under temporary suspension in order to pass it to the intersection in the direction of both branch offices from the school 2nd, but eventually, the part above the left side of the victim's vehicle was collisioned with the part above the left side of the victim's vehicle.

As a result, the defendant suffered from the victim's negligence in the course of business, such as salt ties and tensions that require approximately two weeks of treatment.

2. On September 13, 2013, the Defendant, at around 22:30 on September 13, 2013, driven a B L-B car under the influence of alcohol with a blood alcohol content of at least 0.191% at a distance of approximately 100 meters from the two branches located in the Kimpo-ri, Yangpo-si, Yangpo-si, Yangpo-si, Kimpo-si to the intersection of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes requesting an appraisal of the actual condition of traffic accidents, reports on the occurrence of traffic accidents, vehicle photographs, circumstantial reports on the drinking drivers, reports on detection of respective drinking drivers, injury diagnosis certificates, and replys to requests for appraisal of the concentration of blood alcohol;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime