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(영문) 인천지방법원 2019.10.16 2019고단5578
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a B car;

On July 25, 2019, at around 01:28, the Defendant driven the said car while under the influence of alcohol of 0.182%, and led to the driving of the said car along three-lanes in front of the main three-lane road located in the Southern-gu Incheon Metropolitan City Do Do Do Do dong-dong, along the boundary of the south-gu Do dong-gu.

At that time, since the passage of a vehicle is frequent, there was a duty of care to see the front side, maintain the appropriate interval between the front and the suitable, and to prevent the accident by operating the brake in a timely manner.

The Defendant, while under the influence of alcohol, was negligent in driving while driving at the front of the Defendant, received the back portion of the DNA taxi in the Doata si that was driven by the Victim C (Nam, 49 years old) who was driving at the front of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury such as salt, tension, etc. by driving the car for about two weeks.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant, under the influence of alcohol alcohol concentration of about 10km, while under the influence of alcohol, at least 0.182%, up to the main stream of the south-gu Incheon Metropolitan City Do Do Do Do road in front of the building at the time and time under paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. A report on the state of his/her oral statement, investigation report (report on the state of his/her driver), and a report on the state of his/her driver;

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

1. Damage caused by the pertinent Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, and there is no power of punishment.

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