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(영문) 인천지방법원 2013.09.04 2013고단3460
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving freight cars;

피고인은 2013. 5. 27. 20:20경 혈중알콜농도 0.139%의 술에 취한 상태에서 위 차를 운전하여 인천 부평구 청천동 49에 있는 청천1동 주민센터 부근을 막기사거리 방면에서 묏골공원 방면으로 시속 약 20km로 진행하게 되었다.

There have been parking vehicles on both sides, and since the vehicle that the defendant is driving at the time when the defendant was driving with the ozone, there was a duty of care to prevent accidents in advance, such as reducing speed and safe driving by checking the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to drive normally under the influence of drinking, and received the part on the left side of the vehicle driving by the Defendant, which was driven by the victim C, which was driven by the Defendant at the opposite bank.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt pans, tensions, etc., which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of the same Article, the Defendant driven a freight vehicle from a cafeteria in the mutual influence in Seo-gu Incheon, Seo-gu, Incheon to the Cheongcheon-dong community service center located in Seocheon-gu, Incheon to about 4km to the Cheongcheon-dong community service center, Seocheon-gu, Incheon, Seocheon-gu to the 0.139% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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