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(영문) 인천지방법원 2020.04.22 2019고단8758

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

[Criminal Power] On April 11, 2008, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the Incheon District Court.

【Criminal Facts】

1. Around 02:50 on September 5, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driving a motor vehicle of Apump from C in front of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and was straighted from the bank of the city at night with a three-distance distance. The Defendant was negligent in the course of driving the central line under the influence of alcohol concentration of 0.109% due to the alcohol of the blood alcohol concentration of 0.109%, and received the front part of the right side of the Defendant’s vehicle in front of the Defendant’s vehicle.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as cerebral flady which requires approximately three weeks medical treatment to the victim.

2. Around 02:50 on September 5, 2019, the Defendant was driving a motor vehicle with the blood alcohol concentration of about 0.109% in the section of about 5 K m from around the error station in Guro-gu Seoul to the point of the above accident.

After all, the defendant had had a record of being punished as a drinking driving, but again, was driving under influence.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Written statements of D;

1. Reports on the occurrence of traffic accidents, circumstantial reports on drivers, and inquiry into the results of the control of drinking driving;

1. A medical certificate;

1. Records of judgment: Application of inquiry reports, investigation reports (former and previous records), and summary order Acts and subordinate statutes, including criminal records;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of sound driving) of the Road Traffic Act, Article 148-2 (1) of the Road Traffic Act, and Article 10 years after the defendant was punished by a fine with the above criminal power, and there is no record of the same crime.