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(영문) 인천지방법원 부천지원 2016.09.08 2016고단1437
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 25, 2016, at around 01:50, the Defendant driven a motor vehicle with B-hand alcohol concentration of 0.176%, while under the influence of alcohol, and led the Defendant to proceed along three-lanes of the front 3-lane road in the middle-ro, Seocheon-si, Seocheon-si, Jungcheon-si, Seoul.

At the time, there are two-lanes of vehicles, so in such cases, when the vehicle driver changes the lane, the driver has a duty of care to operate the direction in advance, give prior notice of change of course, and change the lane in the front and rear left by taking into account the traffic situation of the vehicle.

Nevertheless, the Defendant neglected this, while driving in a state where it is difficult for the Defendant to drive in a normal manner due to a sudden change of the course to a two-lane, caused the Defendant to shock the front part of the Dice Roster car driven by the victim C(54 years old) who was driving at the top of two-lanes on the same side as the marin, into the front side of the Defendant’s vehicle.

The Defendant suffered injury to the victim, such as scopical salt, tension, etc., for about two weeks of medical treatment by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (list 3), a report on detection of a reemployed driver (list 8), and a medical certificate (list 13);

1. Application of Acts and subordinate statutes of photographs (list 4);

1. Relevant laws concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the punishment is chosen, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the favorable circumstances (i.e., confession, serious reflectivity, previous and present absence, minor degree of injury, and agreement not to punish) of the defendant for the reason of sentencing, and the unfavorable circumstances of this case.

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