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(영문) 인천지방법원 부천지원 2016.11.11 2016고정1188
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a BMF5 vehicle. On July 13, 2016, in driving the said vehicle at around 03:45, the Defendant had a duty of care to prevent accidents, such as: (a) the vehicle in front of the office of SMF-dong, Kimpo-dong, Kimpo-dong, by driving it on the road in the direction of winding in the vicinity of a public parking lot; and (b) the vehicle was in operation at the same time and is not under traffic control; (c) the person engaged in driving is obliged to accurately operate the steering system, brakes, and other devices of the vehicle; and (d) the person engaged in driving the vehicle has a duty of care to prevent accidents by driving the vehicle at a speed or in a way that may

Nevertheless, even though the Defendant was not in a normal state, such as sniffing, smelling, and sniffing on the face, the Defendant was negligent in performing the above duty of care without fulfilling such duty of care, and received the front part of the Dystetna taxi driven by C(55 years old, South) from the front part of the driver's seat of the above SM5 vehicle.

The Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, was negligent in the course of duty and caused the victim C to suffer from an injury of the conical and conical salt requiring two weeks of medical treatment.

2. The Defendant was demanded to respond to the measurement of drinking alcohol by inserting the breathm for about 30 minutes on the face of a police officer who was dispatched to the 112 Report, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a response to the sobreath of drinking, smelling, making a smelling on the face, etc. from the police officer who was dispatched to the 112 Report, and making it possible to recognize that he was driving under the influence of alcohol

Nevertheless, the defendant.

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