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(영문) 인천지방법원 2015.08.26 2015고단3778
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On May 29, 2015, the Defendant driven the above vehicle while under the influence of alcohol 00:40% of blood alcohol concentration 0.253%, and driven the traffic broadcasting shooting distance of 251 in the south-gu Incheon Metropolitan City, Nam-gu, Seoul, along four-lanes from the remote island distance to the Incheon Southern Police Station.

At the time, signal lights are installed at night and at the front of that place. In such a case, the driver had a duty of care to reduce the speed to the person engaged in driving duties and to prevent accidents in advance by looking well at the other vehicles' attitudes in the signal lights and the front of the road.

Nevertheless, the Defendant neglected to drive the vehicle in a state where normal driving is difficult due to influence of drinking and did not look at it well before, and found it late to stop the vehicle at the right time which was driven by the victim D(55 years old) prior to the same direction as the stop signal, and did not avoid it, and received the back part of the vehicle at the right time in front of the above rocketing car.

Ultimately, the Defendant suffered from the victim E (the 35 years of age) who was on board a car in the horse with multiple scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scops

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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