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(영문) 인천지방법원 2021.01.22 2020고단9346

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

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

Reasons

Punishment of the crime

On June 16, 2020, the Defendant driven a motor vehicle of 0.107% of alcohol concentration in blood at around 00:29, while under the influence of alcohol, and proceeded at a speed that cannot be seen as a backline of the flow from the side of the Bupyeong-gu Incheon Metropolitan City along the two-lanes of the two-lanes of the two-lane.

At night and where there are many traffic volume, in such a case, a driver of a vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering and steering system in front and rear.

Nevertheless, the Defendant had an inaccurate and inaccurate face, so far as he did not neglect the above duty of care and did not properly operate the steering and brake system, and changed the course to the left-hand side as it was, by negligence, the victim E(60) who is proceeding on the first lane of the vehicle driven by the Defendant (60). The part on the right-hand side of the F Lasta taxi vehicle driven by the Defendant was the top-hand part in front of the left-hand side of the said vehicle driven by the Defendant.

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, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident investigation report and a diagnosis report;

1. Application of Acts and subordinate statutes to report the circumstances of the driver at home and notify the result of controlling the driver at home;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 (the aggregate of the maximum amounts of two crimes) of the Act on the Aggravated Punishment of Concurrent Crimes, to the extent that such reduction is made, Articles 53 and 55(1)6 of the Criminal Act;

1. The Criminal Act to attract a workhouse;