(영문) 인천지방법원 2013.04.29 2013고정1135

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(영문) 인천지방법원 2013.04.29 2013고정1135

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who drives a motor vehicle with two-hurged vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On December 30, 2012, around 01:05, the Defendant driven the said vehicle under the influence of 0.125% of blood alcohol concentration in front of the exit of 988-2, Incheon Gyeyang-gu, Incheon Metropolitan City, 988-2, a 3-lane in the direction of the operations, while driving the said vehicle under the influence of alcohol concentration of 0.125%.

The driver of a motor vehicle had a duty of care to safely drive the motor vehicle by accurately operating the front section and the right and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so, while driving under the influence of alcohol, and the Defendant, due to the negligence in the course of duty, parked in the same direction as that of the same line of duty, and the victim C (the age of 40) who was standing in the same direction as that of the same line of duty, followed the taxi vehicle of the D company driving in the same direction, and shocked the driver part in front of the Defendant.

Ultimately, due to the above occupational negligence, the Defendant suffered from the injury of saved saves that require treatment for about two weeks to the victim.

2. The Defendant was driving the vehicles described in paragraph (1) while under the influence of alcohol by 0.125% at the time and place specified in paragraph (1) of this Article.

3. The Defendant violated the Road Traffic Act (compliance with the conditions of driving) and driving a motor vehicle in violation of the conditions necessary for the driver’s license by driving a two-class ordinary transmission period license (so-called 's license') from the director of the Incheon Provincial Police Agency at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement on the occurrence of a traffic accident, actual survey report, and the statement on the actual condition of a driver, an actual driver, and the statement;

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

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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