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(영문) 인천지방법원 부천지원 2014.03.13 2014고단80
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is committed on December 14, 2013, the Defendant driven a vehicle at a speed of about 30 km in the speed of 1169-1, the front end of the 1169-1, Seocheon-si, Seocheon-si, under the influence of alcohol concentration of 0.142%, while driving the vehicle at a speed of 0.142% in the direction of alcohol level in the central park.

At that time, it was difficult to reduce length so that a driver engaged in driving service has a duty of care to accurately operate the steering gear and brake system and to safely proceed by adjusting the speed in advance.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim B (the age of 58) who was under way at the front of the vehicle under the influence of alcohol and was negligent in not operating the brakes properly. The lower part of the lower part of the CNF rocketing taxi was the front part of the said vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and sustained the injury of the victim B, such as the salt pans, tensions, etc. in need of medical treatment for about two weeks, the injury of the victim D (the victim D, who is the passenger of the said taxi (the 22-year old age), such as chills, tensions, etc. in need of medical treatment for about three weeks, and the Defendant sustained the injury of the victim E (the victim E, who is the passenger of the said taxi, the 51 year old age) in need of medical treatment for about three weeks.

2. The Defendant, in violation of the Road Traffic Act, driven the said vehicle under the influence of alcohol by 0.142% at the section of approximately 1.47 km from the Do near the Central Park located in 1177-1, 1169-1, Jung-gu, Seocheon-si, Seoul Special Metropolitan City, to the roads in front of the same 1169-1.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the investigation report on actual traffic accidents, traffic accident occurrence report, and medical certificates;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

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