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(영문) 인천지방법원 2017.10.27 2017고단6351
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a rash car B.

On July 31, 2017, the Defendant driven the foregoing vehicle under the influence of alcohol level of 0.252% among the blood transfusion around 08:35 on July 31, 2017, and led to the flow of the Seo-gu public village of Gyeyang-gu Incheon Metropolitan City, the four-lanes of the front side of Gyeyang-gu, Seoul, in a three-lane distance.

At the time, the car of the victim D(41) driving E is parked in the front section of the vehicle, and the victim F(39) driving G cross-city bus is in the same direction three-lanes, so in such case, the driver of the vehicle has a duty of care to ensure that the driver of the vehicle is able to properly operate the front section and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the defendant neglected this and proceeded as it is, and brought the back part of the car in front of the defendant's car, and caused the car in front of the defendant's car to shock the upper part of the car in front of the left part, and caused the car in front of the left part to shock the upper part of the bus in front of the left part.

The Defendant, while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking, suffered from the victim D and the driver of the passenger car in the above Spanpo Area due to the above occupational negligence, the Defendant suffered from the victim H (the 38-year old-old) about two weeks of injury such as salt, tension, etc. in need of treatment, and the victim F for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each statement of D, H and F;

1. Reports on traffic accidents, reports on actual condition of the driver involved in driving, and reports on the circumstances of the driver involved in driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment;

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