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(영문) 인천지방법원 2014.07.03 2014고단3161
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-learning motor vehicles.

On April 17, 2014, at around 05:57, the Defendant driven the above vehicle while under the influence of alcohol of 0.189% with a blood alcohol concentration of 0.189%, and driven the road in front of 204-2, south-dong, Incheon, Nam-gu, Namdong-gu, Seoul, with a speed of about 50 km from the north-dong, Namdong-gu, the south-dong, the south-gu, the city

At the same time, the victim C(n, 42 years old) was a D-hurged car at the front time, and thus, the driver had a duty of care to properly operate the operation system while living well in the front time.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes while under the influence of alcohol, found the above victim's vehicle stopped in order to obtain signals from the front side of the Defendant, followed the balke, but did not avoid the balke, and received the part of the victim's vehicle behind the Defendant's vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim C, such as salt dump, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents, on-site photographs, and vehicle photographs;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of crackdown on drinking driving, and notification of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of death or injury caused by dangerous driving) that is heavier penalty]

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