logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.04.15 2013고정745
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving service of Category B New Flaz;

At around 02:20 on November 11, 2012, the Defendant was unable to normally drive the vehicle while under the influence of alcohol of 0.179% from the street in the Bupyeong-gu Incheon Bupyeong-dong 756, Bupyeong-gu, Incheon, Bupyeong-gu, in a condition that it is difficult for the Defendant to normally drive the vehicle at a speed of 0.179% of the blood alcohol concentration, and the Defendant was driving at the speed of the same sular distance from the side of the Bupyeong-gu, Incheon.

At the same time, the victim C(54 years of age) was driving a Dro body taxi and stopped in the signal atmosphere.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by maintaining a sufficient distance from accidents with the front vehicle while accurately operating the steering gear and brakes with the steering gear.

Nevertheless, the Defendant was negligent in driving the vehicle and received the back part of the damaged vehicle due to negligence.

Ultimately, the Defendant caused the Defendant’s injury to the Defendant, by negligence on the part of the above business, at around two weeks of the need for medical treatment.

2. The Defendant has driven the vehicles described in paragraph (1) while under the influence of alcohol at a time and place set forth in paragraph (1) of this Article, in a state of under the influence of alcohol 0.179 percent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to a report on investigation (receiving 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. Article 37 of the Criminal Code among concurrent crimes.

arrow