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(영문) 인천지방법원 2017.03.17 2017고정217

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On October 13, 2016, the Defendant driven the said car under the influence of alcohol from around 03:45 to 0.170% of alcohol during blood, and driven the road in front of the Incheon Yeonsu-gu, Yeonsu-ro, 105, the fourth apartment 404, the apartment house located in the front of the 68th apartment complex from the right side of the apartment house to the 404 east.

In such cases, a driver of a motor vehicle has a duty of care to ensure the safety of the course by checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, under the influence of alcohol, the Defendant continued to proceed as it is while neglecting the operation of the steering system, and continued to receive and continue to proceed with the harmony on the left side of the road, and in this part, the Defendant discovered the Defendant’s car and the victim C(48 tax) was driven by the victim C(48 tax) who stops, received the front part of the right side of the Defendant’s car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately two weeks of medical treatment.

2. On the same date as paragraph 1, the Defendant driven B rocketing car under the influence of alcohol content of about 0.170% from the 68th apartment 4 meters away from the 404-dong-ro, Yeonsu-gu, Incheon to the 105-ro, the fourth apartment 105-ro, the above apartment 404-dong apartment 404.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the occurrence of a traffic accident, report on a traffic accident, and report on the situation of the driver who is placed in the main place;

1. A medical certificate;

1. Application of Acts and subordinate statutes on photographs;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;