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(영문) 인천지방법원 2017.09.20 2017고단5279

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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. 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 June 14, 2017, at around 23:50 on June 14, 2017, the Defendant left a two-lane road in the south-gu Incheon Metropolitan City C at approximately 50km from the side of the water fire station to the water market, and continued to turn to the left the road.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the car line.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.156% during blood, was unable to drive the said car while driving the said car in a difficult condition, and was driven by the FK5 taxi and the victim G (61) driven by E while driving the said car on one lane in the opposite direction due to the negligence of the central line, and received the respective left side of HK5 taxi from the left side of the said car.

Ultimately, the Defendant, while driving the said rocketing car in a situation where normal driving is difficult due to influence of alcohol, suffered injury to the victim I who boarded the F, such as light dynasium, which requires approximately two weeks of medical treatment, and suffered injury to the victim G, such as salt dynasium, tension, etc. for about two weeks of medical treatment.

2. Around 23:50 on June 14, 2017, the Defendant driven a B rocketing car under the influence of alcohol concentration of about 0.156% from a distance of about 5km from the 10km Station to the front road of the 10-dong-gu, Incheon, Bupyeong-gu, Incheon to the D-dong, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the police statement related to G;

1. E statements;

1. The application of each written diagnosis (in the face of 45,65 of the investigation records), Acts and subordinate statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.