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(영문) 인천지방법원 2015.07.16 2015고단2805

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 engaging in driving a B SP car.

On May 11, 2015, the Defendant driven the above car on the 23:15th day of May, 2015, and led the front road of Incheon Seo-gu to proceed to the direction of the IC high level.

However, under the influence of alcohol, the Defendant was negligent in driving a vehicle while driving the vehicle under the influence of alcohol while neglecting the duty of a pre-under the influence of alcohol, and received the part of the victim D (the age of 31) who was in the traffic signal atmosphere at the front of the vehicle in the direction of the driving.

Thus, the Defendant suffered injury to the victim F (30 years of age) who was on board the above victim's vehicle with approximately two weeks of medical treatment, such as brain salva, which requires approximately two weeks of medical treatment, respectively.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to comply with a drinking test by inserting a drinking measuring instrument over about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a drinking distance, while driving the Defendant’s B SP car under the influence of alcohol at the above temporary location, from G circumstances belonging to the traffic survey department of the Western Police Station, which was dispatched to investigate the occurrence of a traffic accident, and sprinking on the face and sprinking on the face.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds by taking care of and avoiding face without suffering from a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition of a traffic accident;

1. Report on the actions taken against the driver, and report on the status of the driver's practice;

1.Each.