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(영문) 인천지방법원 2013.06.17 2013고정889
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in B's passenger car volume work.

1. On December 28, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said vehicle under the influence of alcohol concentration of 0.164% while normal driving is difficult due to the influence of alcohol on December 28, 201, and changed the three-lane road of 478-55% in the south-gu Incheon Metropolitan City from the direction of the main station to the non-speed speed from the direction of the drawing shooting distance.

In such cases, a driver has a duty of care not to change his/her course if it is likely to obstruct the normal passage of other vehicles running in the direction of change when intending to change his/her course.

Nevertheless, the Defendant neglected this and caused the injury to the brain in need of medical treatment for about two weeks by shocking the part on the right side of the Defendant’s vehicle, which was driven by the victim C(58 years old) driving, which was going in two lanes due to the negligence of changing the course.

2. On the date and time set forth in paragraph 1, the Defendant was driving the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.164% (blood appraisal value) at the same time, starting from a point of an influence in the territory of the Nam-gu Incheon Metropolitan City, a place of accident from a point of an influence in the territory of the Republic of Korea to the same 478-555.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual condition survey report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A written appraisal of blood alcohol;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Selection of each fine;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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