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(영문) 인천지방법원 2020.12.16 2020고단7486

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of KRW 10 million.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service of the Grandland B. The defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

On August 1, 2020, the Defendant driven a mar while under the influence of alcohol, which is 0.156% of blood alcohol level, around 21:15, and driven the five-lane road ahead of the shooting distance at the entrance of Yeonsu-gu Incheon Metropolitan City, according to four-lanes in the direction of the transmission distance from the direction of the driving distance.

The defendant has a duty of care to properly manipulate the front and rear left-down and the brakes of the defendant and prevent the accident from occurring.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving the FK5 car driven by the victim E (the age of 30) in front of the Defendant’s vehicle, and received the part concerning the driver behind the vehicle in front of the Defendant’s seat.

As a result, the Defendant driven a van while it is difficult to drive the car normally due to influence of drinking, and suffered injury, such as a dynaf for about two weeks in need of medical treatment.

2. Violation of the Road Traffic Act (LA) driving the BF car under the influence of alcohol at the section of about 1 km, which is about 0.156% of blood alcohol concentration, from a Do with which it is impossible to identify the Yeonsu-gu Incheon in Yeonsu-gu, Incheon at the same time to the front of the shooting distance at D entrance in the same Gu C.

Summary of Evidence

1. Defendant’s legal statement

1. A survey report on actual condition of the police statement regarding E;

1. Application of Acts and subordinate statutes to written diagnosis of the circumstantial statement of a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act [to the extent that the injured party requires a comprehensive treatment for about two weeks, vehicles driven by the defendant have been subscribed to comprehensive insurance, and the defendant has been sentenced to a fine in consideration of the circumstances other than a fine for violation of the Road Traffic Act, 204, in addition to once in case of a violation of the Road Traffic Act (driving)

1. The Criminal Act among concurrent crimes.