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(영문) 인천지방법원 부천지원 2016.12.15 2016고단2878

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service of the BRay Vehicle in violation of the Aggravated Punishment, etc. of Specific Crimes Act;

On October 2, 2016, at around 05:05, the Defendant was under the influence of alcohol with 0.15% of blood alcohol concentration 0.15%, and the Defendant was under the influence of alcohol from the alley-distance alley of the Dcafeteria located in Seocheon-si C.

At this point, there was a pedestrian around the alley length and the surrounding area, so in such a case, there was a duty of care to view the rear side and the right and the right and the right and the right of the driver of the vehicle, and to accurately manipulate the steering gear and to confirm and proceed with the safety of the course.

Nevertheless, the defendant did not discover the victim E (the age of 19) who was on the left side of the road in the direction of the defendant's proceeding due to the negligence that the defendant had a difficult driving while under the influence of alcohol, and led the victim's left side with the front wheels of the above vehicle of the defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down the 4th half of the left-hand body, which requires approximately six weeks medical treatment.

2. Around 05:05 on October 2, 2016, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.155%, and even before a D cafeteria, the Defendant driven a B Rason car volume of approximately 500 meters owned by the Defendant from the Seocheon-si University around Busan National University to the road in the same city as C, and even before a D cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual survey report, the occurrence of a traffic accident, and the medical certificate;

1. A copy of the employment register of drinking meters under the circumstantial report of a drinking driver;

1. Application of each photograph, field CD-related statute;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;