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(영문) 인천지방법원 2016.03.30 2016고단133
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 the operation of B Lastren motor vehicles.

1. On December 15, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was under the influence of alcohol by 00:05 around 00:126% of alcohol content during blood, and the Defendant was driving the said car and driving the car along the Yeonsu-gu Incheon Aamambro (Aambadong) road along the three-lane distance from the face of the pottery road in the intersection of the pottery.

In such cases, a person engaged in driving duty has a duty of care to drive safely, such as thorough operation of the front hour and accurate operation of the steering and brakes.

그럼에도 불구하고 피고인은 이를 게을리 한 채 위와 같은 음주의 영향으로 정상적인 운전이 곤란한 상태에서 그대로 진행한 과실로 피고인 차량 앞 범퍼로 도로 중앙의 방호벽을 충격하여 이 방호벽이 튕겨 져 나가면서 반대 방향 차로에서 진행하던 피해자 C(46 세) 운전의 D 쏘나타 승용차 앞 범퍼를 충격하도록 하였다.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B rocketing car under the influence of alcohol with approximately 0.126% alcohol concentration at the 3km section from the 3km road of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, to the roads near the pool pool Rock-dong, Yeonsu-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on the actual condition, a report on the detection of a driver engaged in driving and a report on the circumstances of the driver engaged in driving;

1. Photographs;

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 against the crime under the pertinent provision of the Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) and the selection of each fine for the crime (the previous and once.

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