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(영문) 인천지방법원 2020.11.18 2020고단7610

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

The Defendant was engaged in driving a Bsch Rexton car.

1. Around August 2, 2020, the Defendant driven the said vehicle under the influence of alcohol by 0.138% of alcohol concentration from approximately 1.5km to the same Gu C road from the Hancheon-dong, Incheon Metropolitan City around 21:31, the Defendant, at around August 2, 202, driven the said vehicle under the influence of alcohol by 0.138%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the said car while under the influence of alcohol at the same time as above in the preceding paragraph, and the Defendant moved to the right bypass from the southwest-gu Incheon Metropolitan City (Seoul Metropolitan City) to the private distance of sand village from the southwest of the D market.

In such a case, although a person engaged in driving service has a duty of care to take an appropriate method according to the flow of the vehicle, he/she did not discover a FK5 car driven by the victim E (Nam, 59 years old) who was parked in the front direction of the right line due to the negligence of driving the vehicle while he/she was unable to take the right line due to the influence of alcohol, and instead failed to discover a FK5 car driven in the front direction of the vehicle.

As above, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, suffered injury, such as the boom, pelvis, etc., which requires treatment for about two weeks, and the tension and tension of the part of which is missing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

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

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (1) of the Road Traffic Act, the choice of fines for each crime;