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(영문) 인천지방법원 부천지원 2013.04.17 2013고정378
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 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 engaged in driving a gallon car.

On December 5, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 0.133% of blood alcohol concentration on 22:50 on December 5, 2012, and proceeded at a speed of about 20km per hour at a speed of about 324-2 meters in front of the 324-2, the direction of the end of the city, in the direction of the city, in the direction of the distance of the city from the side of the village.

In this case, snow was accumulated on the road.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents by safely driving such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the defendant is under the influence of alcohol while neglecting to do so.

The Doststa taxi, which was driven by the victim C(59 years old, South) who was standing in the same direction one lane, is approaching and continuing to start after signalling.

Then, the damaged vehicle was found to be stopped and operated rapidly, but snow paths were sleeped, and the damaged vehicle was slicked by the front part of the affected vehicle.

As a result, the defendant suffered from the victim's negligence in the course of performing his duties about two weeks of treatment, satisfy, etc.

2. Around 22:50 on December 5, 2012, the Defendant driving a car with approximately KRW 70 meters from the front side of the indoor packing pole of the Yancheon-si, Yancheon-si to the front side of the 324-2 Yancheon-si, in a state of under the influence of alcohol alcohol concentration of approximately 0.133%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident;

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