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(영문) 인천지방법원 2017.06.07 2017고단2114

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with sod motor vehicle B.

On February 20, 2017, while under the influence of alcohol 0.143% during blood transfusion, the Defendant driven a two-laned vehicle in front of the Dju farm in Gyeyang-gu Incheon Metropolitan City, which is located in Gyeyang-gu, with the two-laned vehicle in front of the Dju farm in Gyeyang-gu, and led the Defendant to drive the two-laned vehicle in front of the Dju farm in Incheon, with the speed of about 60km in the direction of walscrual active duty.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was unable to properly operate the front-round city and the brakes in the front bank due to negligence, and caused the Fcoon driven by the victim E (V, 50 years old) who was under a stop for signal waiting in the front bank, and the lower part of the passenger vehicle was shocked with the front part of the passenger vehicle.

As a result, the Defendant driven the said a hurd vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as salt, tension, etc. in need of approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement under the circumstances of the driver in charge;

1. A survey report on actual conditions;

1. A report on internal investigation (on-site conditions, etc.);

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking and the selection of fines);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate amount of each of the above crimes is aggregated) for the aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order, even though he/she had a record of a single crime due to drinking driving, is under the influence of alcohol.