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(영문) 인천지방법원 2012.12.14 2012고정2196
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 driving a CM car.

On April 1, 2012, the Defendant was under the influence of alcohol with 0.164% of blood alcohol concentration around 21:40, and the Defendant driven the said car and driven the road in front of the 216, Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Seonam-do along the two-lanes between the west-do and the west-do 2-lane.

On the front of the defendant's running direction, E urban bus driven by the victim D(49 years old) is waiting for signal, and thus, the defendant engaged in driving of a motor vehicle has a duty of care to thoroughly operate the front stop and accurately manipulate the brake system in order to prevent accidents in advance.

Nevertheless, the Defendant was negligent in driving in a situation where normal driving is difficult due to the above influence of drinking, and due to the negligence of driving, found the above city bus late and operated the bus rapidly, but it did not reach the level, and received the rear part of the above city bus as the front part of the Defendant’s vehicle.

As a result, the Defendant suffered from the injury of fluoral salt, which requires approximately two weeks of medical treatment, due to the occupational negligence above.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to survey reports on the actual condition, reports on the statement of the status of a master driver, reports on the qualification of a master driver, related vehicle photographs, and medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (Appointment of Fine) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant and the defense counsel regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order may not cause the above injury to the victim due to the minor accident of this case.

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