(영문) 인천지방법원 부천지원 2014.04.18 2013고단2366

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(영문) 인천지방법원 부천지원 2014.04.18 2013고단2366

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 motor vehicles B.

On June 17, 2013, the Defendant driven the said vehicle under the influence of alcohol of 0.174% of blood alcohol concentration around 22:40 on June 17, 2013, and driven the road in front of the modern service center located in the erogroid in Kimpo-si, Kimpo-si toward the direction of the erori distance from the eropo-distance distance.

At the time, it was difficult to cut off the low-water road, and the place was installed with a central line, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to thoroughly drive the motor vehicle and safely drive the motor vehicle along the lane and prevent the accident from spreading.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while normal driving is difficult due to the influence of alcohol, and took part in the front side of the victim C&3 car driving (the age of 34) driving, which was going against the median line due to the negligent negligence, was brought to the right side of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment by occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving the said BN vehicle under the influence of alcohol with a blood alcohol concentration of about 0.174% from the 1km section from the roads in front of Kimpo-si in the Haak-si, Kimpo-si, a temporary border, to the roads in front of the Hyundai Service Center located in the same Ri, such as the preceding paragraph.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. The actual survey report and on-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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