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(영문) 인천지방법원 부천지원 2018.12.12 2018고단2883

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

1. The Defendant is a person who is engaged in driving of a motor vehicle with low bid in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 10, 2018, the Defendant driven the above passenger vehicle at around 23:30 on the blood alcohol level of 0.220% while driving the vehicle at around 0.220% while driving the vehicle at around 23:30, and driving the front road in front of Bupyeong-si.

There is a duty of care to prevent accidents by driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and driving a motor vehicle with a duty of care to make sure that a person engaged in driving a motor vehicle can not drive a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and operating a steering and brake system accurately and safely.

Nevertheless, even though the Defendant neglected this and tried to drive a car in a state where normal driving is difficult due to influence of drinking, the Defendant set up a dramab flag instead of the latter, and followed the speed of the victim F (48 years old) who was on the front side of the Defendant’s vehicle by driving the vehicle on the front side by driving the vehicle on the front side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, i.e., salt slick, etc., which requires approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven a D-hand car with a alcohol level of about 30 meters at the time and place specified in paragraph 1, while under the influence of alcohol level of about 0.220%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. Report on the circumstances of driving at drinking, report on the results of regulating drinking driving, report on the actual condition of driving, report on the occurrence of traffic accidents, and application of Acts and subordinate statutes to photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, and Article 148-2 (2) 1 of the Road Traffic Act.