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(영문) 인천지방법원 2012.10.19 2012고정2964
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

1. On December 27, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said taxi under the influence of alcohol concentration of 0.189% around 22:50 on December 27, 201, and proceeded at a speed of one-lane between the four-lanes of letter, namely, the distance of the liverandong-gu Incheon Metropolitan City between the roads front of the GM treatment business office and the distance of the liverandong-gu, Incheon Metropolitan City.

Since there is a signal, it is an intersection with the signal, a person engaged in driving service has the duty of care to see the front door and to safely drive it in accordance with the signals.

Nevertheless, the Defendant neglected this and caused the left-hand turn on the right-hand side of the said taxi, which was left-hand due to a stroke, in a situation where it is difficult for the Defendant to drive the taxi normally due to a stroke driver’s failure, and the left-hand side of the said taxi.

Ultimately, the Defendant suffered injury to the victim E (the age of 48) by negligence in the course of business, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of medical treatment.

2. On the date specified in paragraph (1) of this Article, the Defendant driven the said taxi under the influence of alcohol with a blood alcohol concentration of 0.189% from the 1km section of approximately 1 km to the 280-1st road in Nam-dong, Nam-gu, Incheon Metropolitan City from the Do near the Southern-dong, Nam-gu, Incheon.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the survey report on actual condition, report on detection of a master driver, report on the actual status of a master driver, and medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (Selection of Fine) concerning the crime;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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