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(영문) 인천지방법원 2015.02.13 2014고정4157
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a two-way vehicle.

1. The Defendant of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the above vehicle while under the influence of alcohol on October 9, 2016:45 at a speed that cannot be identified four-lanes in the direction of the Hoban Station in the direction of the Hoban Station in the south-gu Incheon Metropolitan City, by driving it at a speed of not less than 0.1% and less than 0.2%.

In such cases, drivers of vehicles shall safely drive the front left well so as to prevent accidents in advance and shall not drive vehicles in a state where normal driving is difficult due to drinking.

Nevertheless, the defendant neglected this and tried to see the part behind the vehicle of the defendant in front of the motor vehicle of the victim D (Nam, 49 years old) driving prior to the same lane due to negligence.

Ultimately, the Defendant caused the injury of the victim D due to occupational negligence in driving a motor vehicle while normal driving due to the foregoing drinking, which requires approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) driven the said vehicle from the front day of the singing shop in which it is impossible to identify the new ethic and trade name in the form of alcohol concentration of not less than 0.1% but less than 0.2% at the same time, from the front day of the singing shop in which it is impossible to identify the new ethic and trade name, to the roads in the south-gu Incheon Metropolitan City C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. Photographs of an accident vehicle;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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