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(영문) 인천지방법원 2014.01.27 2013고정3644
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a driver of a passenger car in Grandland.

On April 3, 2012, at around 19:00, the Defendant was driving the said vehicle at a speed below the rock village from the surface of the tunnel where it is difficult to drive the vehicle normally due to the influence of drinking alcohol while under the influence of drinking alcohol by 0.171% at the street of Yeonsu-gu Incheon Metropolitan City 223, Yeonsu-gu.

At the same time, since the damaged vehicle is temporarily stopped at the location of the combined road, the driver had a duty of care to see the front side and the left side and accurately manipulate the steering and brakes so that the accident can be prevented.

Nevertheless, the defendant found the damaged vehicle which was temporarily stopped on the front side of the course of the course of the course due to negligence and found it late and operated it rapidly, but because it falls short of the safety distance, the backer of the damaged vehicle was collisioned with the fronter of the defendant vehicle.

Ultimately, the Defendant suffered injury to the victim C (the 70-year-old) who driven a damaged vehicle due to the foregoing negligence, such as salt, tension, etc. in the area of the bend and the bend half that requires treatment for about two weeks.

2. The Defendant, while under the influence of alcohol concentration of 0.171% at the time and place indicated in paragraph 1, was driving the said vehicle from the street shop in front of the Yeonsu-gu Incheon Yeonsu-dong restaurant in Yeonsu-gu to the 223 accident site in Yeonsu-gu, Yeonsu-gu, Incheon.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C or D;

1. The actual condition survey report;

1. Report on actions and circumstantial statement of an employer-employed driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident-related photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Selection of each fine;

1. The former part of Article 37 of the Criminal Act among concurrent crimes;

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