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(영문) 인천지방법원 2017.08.16 2017고단3450

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

The defendant is a person who is engaged in driving a vehicle B with low investment.

On March 3, 2017, the Defendant, while under the influence of alcohol 0.147% during blood transfusion around 23:40 on March 3, 2017, driven the above-mentioned four-lanes according to the number of seals located in 71-191, Seo-gu, Incheon, Seo-gu, Incheon, and led to the running of the above-mentioned four-lanes at a speed of about 70km in the direction of home distance from the direction of the entry of the Cheongra International City.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, failed to properly operate the front-round city and the operation of the operation system, shocked the bus stop protection facilities in the front-round area of the passenger vehicle, which was driven by the victim C(52 tax) who was under the influence of driving on the opposite vehicle by breaking the center line, and shocked into the front-round part of the passenger vehicle.

As a result, the Defendant driven the said low-water vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking, resulting in the Defendant’s injury to the victim, such as salt, tension, etc. in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on investigation (including submission of a copy of a diagnosis report by a victim) and a copy of the diagnosis attached thereto;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking and the selection of fines);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate amount of each of the above crimes is aggregated) for the aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.