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(영문) 인천지방법원 부천지원 2013.04.04 2012고정2113
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant was a person who is engaged in driving of CPoter trucks, and when normal driving is difficult due to the influence of drinking, the Defendant had a duty of care not to drive the vehicle.

Nevertheless, at around August 23, 201, when under the influence of alcohol in a state of difficulty in operating electric-time and steering gear, etc. (0.156%) around August 18:25, 201, the part of the victim D's e-mail wheeler of the victim D, which was driven from the front side of the Defendant's vehicle while driving the above vehicle to Seoul, near Kimpo-dong Kimpo-dong, was driven from the front side of the Kimpo-si, and was negligent in neglecting Jeonpo-si, left the front side of the vehicle to the front side of the Defendant freight vehicle.

Ultimately, the Defendant suffered injury to the victim, such as satisfinal satfinites, which requires approximately two weeks of medical treatment, due to the above negligence.

2. The Defendant driven the said vehicle while under the influence of alcohol concentration of about 0.156% from the 5km-gu parking lot of Goyang-ri, Goyang-dong, Goyang-dong, Kimpo-si to the front road of the Mayang-dong, Kimpo-si, Gopo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Each photograph;

1. Application of Acts and subordinate statutes to the traffic accident report, the employment report, the employment report of the employee, the employment report of the employee, and the report on the status of the employee, etc.;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201) concerning the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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