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(영문) 인천지방법원 2013.12.20 2013고정4047
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 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 is engaged in driving a motor vehicle B.

On August 12, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.172% on August 21, 2013, and the Defendant driven the said car and proceeded at a speed of about 40km per hour at a speed of about 40km from the 5-lane to the 2-lane Highway, which is front of the Han River Sungdong in Incheon Jung-gu.

There was a duty of care to operate a person engaged in driving of motor vehicles by properly manipulating the brakes while living well.

Nevertheless, due to negligence of not operating the brakes properly while under the influence of alcohol, the Defendant was driven by the victim C (year 53) who was under the influence of signalling in front of the same direction by neglecting this, and was under the influence of the Defendant’s vehicle in front of the Defendant’s driving.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as climatic salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs of accident site, actual condition survey reports, report on detection of primary drivers, and general medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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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