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(영문) 인천지방법원 2012.08.30 2012고합673
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 25, 2010, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court on October 25, 2010; on June 4, 2012, the same court issued a fine of KRW 4 million to the same crime; and was engaged in the operation of C Hyundai Schlage Truck.

On June 7, 2012, the Defendant driven the above vehicle under the influence of 0.191% of blood alcohol concentration, which is difficult to drive normally at around 07:05 on June 7, 2012, and was driving from Yeonsu-dong apartment in Incheon Yeonsu-gu to the speed of about 60 km in Si speed of about 4 km in the direction of the Corporation depending on two lanes in the direction of the school-dong from Yeonsu-dong apartment in Incheon, Yeonsu-gu to the southdong-dong, Incheon, Nam-dong, Incheon.

Thus, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to prevent the accident in advance, such as securing and driving safety distance to avoid the accident when the vehicle stops.

Nevertheless, the Defendant neglected this and received the rear part of the vehicle driving by the Defendant as the front part of the vehicle in which the Defendant drives by negligence while driving the vehicle in a traffic signal while it is difficult for the Defendant to drive the vehicle normally due to influence of drinking.

As a result, the Defendant suffered injury to the victim through occupational negligence, which requires approximately two weeks of treatment, such as climatic salt, in a situation where normal driving is difficult due to influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement, diagnosis certificate and investigation report (the circumstantial report of the host driver) with D;

1. Relevant Articles of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment: The provision of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

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