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(영문) 인천지방법원 2016.04.11 2016고단136
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaged in driving a motor vehicle with B-to-purd motor vehicle.

On November 28, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 0.141% during blood transfusions on November 28, 2015, and led the Defendant to drive the said vehicle under the influence of alcohol content of 0.141% at the speed of 90 kilometers in front of the beginning of the city of Gyeyang-gu, Incheon, at the speed of about 50km in the direction of the two village of the Do.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and since it is a blind-distance intersection where a red on-and-off signal is installed, there was a duty of care to temporarily stop prior to the entry and proceed with another traffic while exercising due care.

Nevertheless, under the influence of alcohol as above, the defendant did not temporarily stop as it was due to the negligence that he neglected to stop, and instead did so, he received from the left side of the running direction of the defendant's vehicle, the part adjacent to the right side of the victim C (W, 43 years old) driving of the victim C (W, 43 years old) who was in the straight line with yellow on-and-off signals.

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. Around 00:45 on November 28, 2015, the Defendant, while under the influence of alcohol of 0.141% among blood, was driving a hurbed vehicle B with a alcohol content of 0.141%, and the Defendant proceeded with a section of about 500 meters from the front side of the Incheon Gyeyang-gu Village, Youngnam apartment, Incheon Gyeyang-gu, 878, to the front side of the beginning of the 90-lane.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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