(영문) 인천지방법원 2016.10.27 2016고단5898

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(영문) 인천지방법원 2016.10.27 2016고단5898

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 a B rocketing car.

At around 00:20 on August 18, 2016, the Defendant driven the above vehicle while under the influence of alcohol of 0.229%, and led the Defendant to proceed one lane at the speed of 41 to 50km from the Myeongyeong-gu in Incheon Bupyeong-gu with the distance of 168 Bupyeong-gu, Busan as the Bupyeong-gu, Busan, at the end of the 41 to 50km away from the Myeongyeong-gu, Busan.

On the right side of the defendant's course, the victim C (the 49-year-old taxi) was stopped while waiting for left-hand turn, and thus, the driver of the vehicle has a duty of care to safely drive the front line and prevent the accident in advance by operating the steering system and the steering gear accurately.

Nevertheless, the Defendant, while neglecting the influence of alcohol and due to the negligence that he was driven by the Defendant, shocked the backer of the said rocketing taxi vehicle that the Defendant was driven by the fronter of the said rocketing vehicle.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pans, tensions, etc., to the said victim C, to the victim E (the 29-year-old) who is the passenger, for about three weeks of need for medical treatment, and to suffer injury, such as salt pans, tensions, and tensions in need of medical treatment for about two weeks to the victim F (the 28-year-old) who is the passenger.

2. Around 00:20 on August 18, 2016, the Defendant, while under the influence of alcohol by 0.229%, driven a B rocketing car with a blood alcohol concentration of 0.229%, and proceeds from the front side of the Incheon Bupyeong-gu Chungcheong Line 209No. 21-gil, 168mm from the front side of the target Fra to the normal side of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. C.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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