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(영문) 인천지방법원 2014.05.26 2013고단6413
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

피고인은 C 포르테쿱 승용차량의 운전업무에 종사하는 사람이다.

On June 30, 2013, the Defendant, while under the influence of alcohol at 09:00, the blood alcohol concentration of 0.123%, was driven by the aircraft maintenance at 2831-1 located in Jung-gu, Jung-gu, Incheon, Jung-gu, and the front three-distance intersection turn to the right from the north coast of the aircraft maintenance.

Since the location has a traffic signal apparatus, a person engaged in driving service has a duty of care to safely drive a motor vehicle in accordance with the signals and to refrain from driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking.

Nevertheless, due to the negligence of neglecting this, the defendant's driving on the left side of the marina defendant's vehicle, the front portion of the ENAS car driven by the victim D (year 44) who was driven by the victim D (year 44) who was driven by the new subparagraph was driven on the right side of the defendant's vehicle.

As a result, the Defendant, by negligence in the above business, sustained injury to the injured party, such as catum salt, etc. requiring a medical treatment for about three weeks, suffered injury to the injured party FF (the 45 years old), such as catum catum, salt, etc. requiring a medical treatment for about three weeks, and injury to the injured party G G (the 21 years old and female) who was on the Defendant’s vehicle in need of medical treatment for about two weeks, and damaged the damaged property that requires approximately KRW 21,456,320 of the repairing cost on the NAS damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and H;

1. G statements;

1. A report on the occurrence of a disaster, a field map and photographs at the scene of an accident, a survey report on actual condition, and a photograph by capturing a lock of damaged vehicles;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Articles 5-11 and 151 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury due to dangerous driving) as to the crime by occupational negligence under the corresponding provision of the Act, and the Road Traffic Act.

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