(영문) 인천지방법원 2015.06.19 2015고정1581

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(영문) 인천지방법원 2015.06.19 2015고정1581

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

1. The defendant shall be punished by a fine of 6,00,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. From January 16, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a Dbs car with four-lane roads in front of Incheon Bupyeong-gu, Incheon, with a blood alcohol concentration of 0.160%, while under the influence of alcohol at 0.160%, the Defendant driven a Dbs car at a speed of about 40km from the side of the Bupyeong-gu, Incheon.

In such cases, a person engaged in driving service has a duty of care to safely operate by accurately operating the steering wheel and brake system.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the operating system under the influence of alcohol, the Defendant received the back portion of the Fchip passenger vehicle in front of the Defendant’s passenger vehicle in front of the Defendant’s passenger vehicle (the age of 45), and had the Defendant receive the back portion of the Fchip cargo vehicle operated by the victim G (the age of 59) who was under the influence of the vehicle in front of the Defendant’s vehicle while being pushed in front of the vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim E, such as brain salvy in need of treatment for about three weeks, and suffered injury to the victim G, such as salvum salvy which requires approximately two weeks of medical treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant from the roads near the Twit-distance in the Southern-gu Incheon Metropolitan City, Nam-gu, Incheon, to the above accident site, with a blood alcohol concentration of about 2 km, while under the influence of alcohol of about 0.160%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning E, and statement of the occurrence of G traffic accidents;

1. A report on the actual state of the driver;

1. On-site photographs and a survey report on actual conditions;

1. Application of Acts and subordinate statutes to E and G of each written diagnosis;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment for Criminal Crimes.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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