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(영문) 인천지방법원 2017.03.09 2017고단145

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person who is engaged in driving a BD car.

On December 21, 2016, around 18:45, the Defendant came to turn to the left before the end of the 39-36, a poppy church at 941, Nam-gu, Incheon, Nam-gu, Incheon, to the left from the direction of the port of the future.

A person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating the steering gear and to prevent accidents by safely driving the steering right and the right and the right.

Nevertheless, the Defendant was driven by the victim C(40) who was waiting to turn to the left due to the negligence of driving the said vehicle while under the influence of alcohol content 0.248% while driving the said vehicle under the influence of alcohol, and was driven by the victim C(40) in front of the said vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tension, etc. of the trend that requires approximately three weeks medical treatment.

2. Around 18:45 on December 21, 2016, the Defendant was driving a B L-type car under the influence of alcohol content of about 0.248 percent from a distance of about 50 meters from the 16th parallel of the south-gu Incheon Metropolitan City, to the end of the 39-36th parallel of poppy, 941, an identical poppy-ro 941, an old string-ro 941.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

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

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

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggregate of maximum amounts) of the aggravated concurrent crimes;