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(영문) 인천지방법원 2017.01.11 2016고단7077

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[criminal history] The defendant, at the Incheon District Court on August 8, 2014, was notified of a summary order of KRW 8 million by the same court due to a crime of violating the Road Traffic Act (driving) at the Incheon District Court on December 3, 2014, a fine of KRW 1.5 million, a fine of KRW 4 million due to a crime of violating the Road Traffic Act (driving). On June 11, 2015, the same court was notified of a summary order of KRW 8 million due to a crime of violating the Road Traffic Act (driving) at the same court. On August 16, 2016, the court was sentenced to imprisonment of KRW 4 months for a crime of violating the Road Traffic Act (driving without a license), and the suspension of the execution of the sentence was finalized on the 24th of the same month.

[Criminal facts]

1. On September 21, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) is a clerical error in the Defendant’s written indictment for the victim D, who was in the atmosphere ahead of the Defendant’s proceeding, while driving a Crocketing car with alcohol concentration of 0.094% under the influence of alcohol during blood around 21:0 on September 21, 2016 and driving it normally under the influence of 0.094%, and driving it on the right side of the front apartment site of the Seo-gu Incheon, Seo-gu, Seo-gu, Incheon.

(60) A driving under subsection (60)

E-T-T-T-T-T-C-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the Defendant driven under the influence of alcohol while it is difficult for the Defendant to drive normally, and caused the victim to suffer injury, such as salt dump, tension, etc. of the cump which requires approximately three weeks of medical treatment.

2. Violation of the Road Traffic Act (drinking and non-licensed driving) The Defendant driven C Lastren car with alcohol content of 0.094% under the influence of alcohol without a driver’s license at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, a statement report on the situation of a driver driving, inquiry into the results of crackdown on drinking, and the register of driver's licenses;

1. A medical certificate;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of the case during the period of suspended execution against the suspect);