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(영문) 인천지방법원 2017.06.14 2017고단371

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

1. Around 02:10 on December 30, 2016, the Defendant violated the Road Traffic Act (drinking) and driven a motor vehicle under the influence of alcohol of about 3km from the roads near the place of the Seongbuk-gu Incheon Bupyeong-gu, Incheon to the roads in front of the same Gu, and of about 0.192% of alcohol concentration in blood.

2. The defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and engages in driving a motor vehicle E.

On December 30, 2016, around 02:15, the Defendant proceeded at a 3-laned road in front of D on December 30, 2016, along the two-lanes in the direction of the brick apartment in the middle of the tunnel.

In such a case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the brake system before and after the direction of the direction of the driving service.

Nevertheless, while neglecting this, the Defendant, as set out in the above Paragraph 1, was negligent in driving while under the influence of alcohol and having difficulty in driving normally, and caused the Defendant’s car to shock back the part following the G rocketing taxi driven by the Victim F (56 Do) who was driving in front of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The application of Acts and subordinate statutes to photographs, a survey report on actual condition, a report on the situation of the main driving, and a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the point of causing bodily injury to the driving of a dangerous driving of a punishment: The first sentence of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (elective of a punishment): Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for concurrent crimes;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract the workhouse.