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(영문) 인천지방법원 2020.10.21 2020고단7307

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

At around 01:00 on July 25, 2020, the Defendant driven a D small-scale car with a blood alcohol concentration of 0.113% while driving a road prior to the “C convenience store” in Gyeyang-gu Incheon Metropolitan City, Gyeyang-gu, Incheon, under the influence of alcohol concentration of 0.113%.

At the time, night and there was five-lanes, so there was a duty of care to prevent accidents in advance, such as complying with signal to those engaged in driving of the motor vehicle, and properly manipulating brakes and steering gear.

Nevertheless, under the influence of liquor, the Defendant did not discover the Fachip car of the injured party E(61 years old) that was stopped at the rear side of the Defendant’s driver’s car and received the front part of the said injured party’s driver’s vehicle as the front part of the said victim’s driver’s vehicle as the front part of the Defendant’s driver’s vehicle.

As a result, the Defendant driving the said small-scale car in a state where normal driving is difficult due to the influence of alcohol, resulting in an injury to the victim, such as dynasium, which requires treatment for about two weeks, and driving the said small-scale car while under the influence of alcohol alcohol concentration 0.113%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

1. The circumstantial statement of the employee;

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

1. Relevant Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the selection of fines [Consideration of the crime in this case, the details and details of the crime in this case, the degree of blood alcohol content, Defendant’s primary crime, etc.];

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant does not have much weighted damage to the victim under Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation.