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(영문) 인천지방법원 부천지원 2013.04.26 2013고정368
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

1. The Defendant is a person who is engaged in driving a car B.

On December 12, 2012, the Defendant, while under the influence of alcohol 0.146% on blood alcohol level around 22:10 on December 12, 2012, even though it is difficult to drive normally, the Defendant was driving on a two-lane road in the direction of the new driving distance from the direction of the new driving distance from the direction of the next high instructor distance.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering direction and brake system of the motor vehicle, shall not drive the motor vehicle at a speed or in a manner that may cause any danger and impediment to others, and there was a duty of care to make sure of the traffic situation well and to prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to drive normally due to the influence of drinking, and neglected to do so.

The part of the victim C (ma, 35 years old) driving, which was stopped in the signal atmosphere, did not see the victim C (ma, 35 years old) drive, and concealed the part of the damaged vehicle in front of the defendant vehicle.

Ultimately, the Defendant’s occupational negligence caused injury to the victim E (hereinafter “victim”) who was on board the damaged vehicle for about two weeks, such as chromosomes and tensions that require approximately two weeks of treatment. In addition, the Defendant suffered from the injury of the victim E (the 33 years of age) such as chromosomes and tensions that require approximately two weeks of treatment.

2. On December 12, 2012, around 22:10, the Defendant driven a wre vehicle B while under the influence of alcohol 0.146% of the blood alcohol concentration from the front road of the new monthly distance in the Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, Seoul to the front road of the 457-3 main road of the Gocheon-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to reports on the state of drinking drivers, and the results of the control of drinking driving;

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.

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