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(영문) 인천지방법원 부천지원 2015.09.18 2015고정689
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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 driving B rocketing or another car as one;

On April 25, 2015, the Defendant, while under the influence of alcohol at 0.145% of blood alcohol concentration on April 23:42, 2015, as Kimpo-si, Kimpo-si long-term solar roads, in front of apartment, proceeded at a non-speed speed depending on one-lane toward the long-distance side at the high village Eup.

At the same time, the traffic signal, etc. is installed, and there was a vehicle stopping under the signals at the front of the defendant's moving direction, so in such a case, the driver of the motor vehicle has a duty of care to make a safe stop by reporting the traffic situation to the person engaged in driving the motor vehicle well and maintaining the safety distance with the previous vehicle.

Nevertheless, the Defendant, while driving under the influence of alcohol, neglected to drive in a state where normal driving is difficult, caused the victim C (hereinafter referred to as 29 years of age) who was in the atmosphere of the signal according to the stop signal at the front of the day by negligence, and led the driver to the front part of the above vehicle of the Defendant.

As a result, the Defendant suffered, by negligence in the course of business, injury to the victim, such as the pipe and human salt in the part of the wooden part that requires approximately two weeks of treatment, and injury to E (29 years of age) that was on board the steering team for about two weeks of treatment, such as the pipe and human salt in the part of the wooden part that require approximately two weeks of treatment.

2. Around 23:42 on April 25, 2015, the Defendant, while under the influence of alcohol at a 0.145% of the blood alcohol concentration, driven the B rocketing or other car at approximately 5 km from the front of a restaurant in which it is impossible to identify the trade name of the Gopoon at Kimpo-si, Kimpo-si, to the front of the apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Each written diagnosis;

1. An investigation report on the actual condition of a traffic accident and a report on the occurrence of a traffic accident;

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