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(영문) 인천지방법원부천지원 2020.11.05 2020고정542

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

On May 19, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.265% of alcohol level around 20:47 on May 19, 2020, and driven the front road of Seocheon-si into the flood control of hydroriri-distance from the high instructor distance.

At the same time, the lower surface was milched, and the Defendant’s vehicle was parked on the front side of the vehicle, and thus, in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle to prevent the accident in advance by safely driving the vehicle in the vicinity, such as making the front door and left door, and accurately manipulating the steering gear and the brake system.

Nevertheless, the Defendant, under the influence of drinking, driven the above vehicle while driving the vehicle in a state where it is difficult to drive the vehicle normally due to the influence of alcohol, such as moving the vehicle, and driving the vehicle at the front side of the Defendant by the victim D (Nam, 46 years old) who was driving the vehicle at the traffic signal route on the front side of the Defendant, was shocked into the front part of the Defendant’s vehicle, and suffered injury, such as the victim D and the victim F (W, 58 years old), who is a passenger of the said K5 vehicle, for about two weeks, in the case of the victim F (W, 58 years old) who is in the front part of the Defendant’s vehicle.

2. Around 20:47 May 19, 2020, the Defendant driven a B-to-purd vehicle with the blood alcohol concentration of about 0.265% at a distance of about 1.4km from the G Doncheon-si adjacent to the same city to the front of C in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Statement on the circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. Notification of the result of crackdown on drinking driving;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.