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(영문) 인천지방법원 2018.09.12 2018고단5400

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

1. On June 11, 2018, the Defendant: (a) driven a coo vehicle in B while under the influence of alcohol of about 10k alcohol concentration from the 10km section to the road in front of the road in Gyeyang-gu, Gyeyang-gu, Incheon, Seoyang-gu; (b) on June 11, 2018, the Defendant was driving a coo vehicle in the state of under the influence of alcohol of 0.138% from the 10km section to the road in front of the road in Korea.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who drives a cub car in B.

On June 11, 2018, the Defendant driven the said car under the influence of alcohol level of 0.138% among blood transfusion around 23:03, and proceeded at the speed of 30km per hour from the border of Gyeyang-gu Incheon Metropolitan City to the direction of the road in front of the road construction in Korea, according to the name of Gyeyang-gu.

In this case, a driver of a motor vehicle has a duty of care to take into account the traffic situation of the motor vehicle well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant was under the influence of alcohol and neglected to stop as above, and the Defendant was found to be late behind the victim C(55) driver’s Dock car, which was parked in the signal atmosphere from the front direction to the direction of the proceeding, and became the front part of the ccub car in front of the cub car.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as light fluoral salt, etc. which requires approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, an accident vehicle, and on-site photographs;

1. Report on the circumstances of driving under the liquor:

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.