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(영문) 인천지방법원 2013.06.25 2013고정1785
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving of wing and cargo vehicles B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On April 21, 2013, the Defendant driven the above cargo vehicle with a blood alcohol content of 0.146% at around 19:50 on the alcohol level, and operated the above cargo vehicle with an entertainment city apartment apartment of 502, an apartment apartment of 502, which is located in 633-1, Nam-gu, Nam-gu, Incheon, Nam-gu, Seo-gu, Incheon, at the location of 3 apartment complex, with a speed of about 20 km at the city speed from the boundary of the Dong-dong community service center. As such, the Defendant was installed at a crosswalk at the front section, and the person engaged in driving service had a duty of care to safely check whether or not there is a person to walk the crosswalk by reducing speed and by properly examining the front section and the left.

Nevertheless, when the Defendant neglected to drive normally due to the above influence of drinking, and neglected to do so, and due to the negligence before the unprotective seated seat, the Defendant got the victim C (the 54 years old) to build the crosswalk in front of the Defendant’s cargo vehicle, from the right-hand side of the Defendant, to the left-hand side of the crosswalk in accordance with the pedestrian signals.

As a result, the Defendant suffered from an injury to the victim, such as a scarcity, a scarcity, which requires approximately six weeks of treatment due to the above occupational negligence.

2. On the same date as paragraph 1 of the Road Traffic Act, the Defendant driven B-wing truck with a blood alcohol content of about 0.146% under the influence of alcohol at a section of approximately 1km from the section of the distance of approximately 1km at approximately 0.146% from the direction of the Nam-gu Incheon Metropolitan City, Chungcheongnam-gu, Incheon to the rest-dong 633-1, Nam-gu, Chungcheongnam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the victim made by the police against C; 1. The written statement of the victim made by the police against C; 1. The written statement of the victim's driver; the written statement of the driver; the report on the actual condition survey;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.

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