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(영문) 인천지방법원 2013.05.31 2013고정1398
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives the B-learning car as a duty.

1. On January 10, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said vehicle under the influence of alcohol concentration of 0.232% in a state of considerable difficulty in driving on January 10, 2013, while driving the said vehicle at a speed of 40 km per hour in the speed of 820 wheel-dong, Seo-gu, Incheon Metropolitan City.

At night, a person engaged in driving a motor vehicle shall accurately operate steering wheels, brakes, and other devices, and shall not drive a motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents by reporting well the right and the right and the right and the right and the right and the right

Nevertheless, the victim C was negligent in neglecting the front time of the vehicle and was driven by the victim C in the second direction of the same direction, and the rear part of the driver's vehicle's vehicle driving by the victim C in the second direction.

In the end, the above occupational negligence caused each injury to the victim E, who was sitting on the top of the Defendant’s vehicle, requiring approximately two weeks of medical treatment, such as a fluoral wave, etc., which does not cause any fluoral erosion, and approximately three weeks of medical treatment, such as brain, and f who was sitting on the top of the f, to the victim C of the damaged vehicle, such as a throstosis, etc., for about two weeks of medical treatment.

2. Violation of the Road Traffic Act (Liju Driving) at the same time and at the same time, a section of about 100 meters from the upper street of the Hanwon-dong, Seo-gu, Incheon to the upper street of the accident site was driven under the influence of alcohol by 0.232% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of F and E;

1. The application of Acts and subordinate statutes to the actual condition survey report, the master-employed driver report, and each medical certificate;

1. Criminal facts;

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