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(영문) 인천지방법원 2017.06.07 2017고단2001

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

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

1. On February 19, 2017, the Defendant, while under the influence of alcohol at around 03:10, the Defendant was driving the said vehicle while under the influence of alcohol at around 03:132%, and proceeded with a section of about 5 km from the front side of the alley-gu, Incheon Metropolitan City, Namdong-gu, Seodong-gu, Seoul, to the end of the horse distance.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driven the said vehicle at a speed of about 60-70 km from the from the edge of the valley elementary school to the training-speed of the two-lane distance, on the ground that it is difficult for the Defendant to drive the said vehicle normally due to the influence of alcohol at the above time on the same day.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering and brakes in accordance with the new code by properly manipulating the steering and brakes while living well in the front door.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, driven by the victim C(31) (S) who was driven by the victim C (31) who was driven by the flag in accordance with the flag from the long distance at the entrance of the Southern Authority to the coast, disregarding that the vehicle’s ongoing signal is changed to a stop signal.

DMW car was driven by the Defendant on the left side of the said car by the front part of the car of the automobile of the Defendant.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as a failure to interfered with the main sentence accompanying a large number of illness, which requires treatment for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A survey report on actual conditions;

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

1. Relevant Articles of the Act and specific crimes concerning the crime.