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(영문) 인천지방법원 2016.04.27 2016고단820

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving Category C rocketing cars.

On February 5, 2016, the Defendant proceeded with a two-lane road in front of the Gyeyang-gu Incheon Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, in the state of alcohol 0.188% of alcohol content among blood transfusion around 01:00, at a speed of about 60km from the East-dong bank to the east-dong bank of the Dongyang-dong.

At the time, it is night and its location is installed with the center line of yellow solid lines, so a person engaged in driving service has a duty of care to thoroughly operate the front-round city and to safely operate the tea.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(34 ) who was frighting a road at the center of the central line due to the negligence of frighting the center line from the frighting bank of the village of the village of the village of the village of the village of the village of the Ma 2.5 ton of the cargo of T 2.5 ton as the front part of the car of the frightn.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pane, tension, etc., which requires approximately three weeks of treatment to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said small-scale car from the front side of the main apartment in Gyeyang-dong in Incheon Gyeyang-dong to the point of the accident at which it was about 500 meters, in a state of 0.188% alcohol concentration during the above day’s border line.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (influence or death of dangerous driving), Article 148-2(2)2, and Article 44(1) of the Road Traffic Act (influence of drinking), the selection of each fine for the crime (influence of initial crimes, comprehensive insurance, and one million won for victims).