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(영문) 인천지방법원 2013.03.22 2012고정4353
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 vehicle Bk5 vehicle.

1. Around 19:56 October 13, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said vehicle in a state that it is difficult to drive the vehicle normally due to the difficulty of driving, such as 0.103% of the alcohol level 0.10% of the alcohol level, with the face of alcohol level 0.10% of the alcohol level at a red tank, and with the smelling vibration from the entrance, etc., and driven the said vehicle by driving the said one-lane road from the south-gu public health clinic of Nam-gu Incheon Metropolitan City to the eban zone.

At the time, since it was difficult to move around at night, there was a duty of care to safely check back the back and the left and right of the vehicle's driver prior to moving back.

Nevertheless, the Defendant neglected to do so and caused the collision of the parts behind the right side of the Defendant’s vehicle that the victim C (the victim 53 years old, South) drive on the front side of the left side of the Defendant’s vehicle, and eventually, the Defendant suffered from the Plaintiff’s clocks and tensions that require treatment for about two weeks due to the occupational negligence above.

2. On October 13, 201, at around 19:56, the Defendant driven a B k5 car in the state of 0.103% alcohol concentration on the road before he/she died of his/her Jeju-dong 268-1 Jeju-dong, Nam-gu, Incheon.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The fact-finding survey report, the fact-finding statement of a master driver, the report on detection of a master driver, and the next red inquiry;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148-2 subparagraph 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) [Selection of a fine for a crime] concerning the crime;

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

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