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(영문) 인천지방법원 2013.03.22 2013고정721
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 Dota car.

On November 28, 2012, at around 02:55, the Defendant driven the said car in a state that it is difficult to drive it normally due to the influence of alcohol that reaches the blood alcohol concentration of 0.149%, and proceeded with the two-lane road in front of the Yeonsu-gu Incheon Metropolitan Government 81 Sports Styundong 81-dong, according to one-lane as the academic interest-based room from the area of the roof tunnels.

Since a vehicle stops in the front direction at the time, a driver of the vehicle has a duty of care to ensure that the driver of the vehicle maintains a safety distance to avoid drilling with the vehicle in front, and to prevent the accident in advance by properly operating the steering direction and brake system by checking well the right and the right of the front direction.

Nevertheless, the Defendant did not discover a D-business taxi which was driven by the victim C (year 53) who was under the influence of signal at the front of the mash, while driving as it is while neglecting it, and received the back part of the victim's taxi in front of the passenger car.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Statement on the actual condition, report on detection of a user, and circumstantial statement of a user;

1. On-site and related photographs;

1. Application of Acts and subordinate statutes to medical certificates, written opinions, and written estimates;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the selection of fines 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. It is so ordered as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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