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(영문) 인천지방법원 2017.08.16 2017고단3618
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the B-learning passenger car.

On May 3, 2017, the Defendant, while under the influence of alcohol 0.11% during blood transfusion around 04:30 on May 3, 2017, operated the above 4 lane in front of the Namdong-gu Incheon Metropolitan City C, and continued by driving the above 1 lane in the direction of viewing in the direction of Incheon.

In such cases, the driver of the vehicle has a duty of care to properly operate the brakes and safely drive the vehicle in order to ensure that the driver of the vehicle is well able to live in the front.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and failed to properly drive a roadside due to driving, and caused the error of driving the central line in the direction of opposite direction to the negligence of driving the two-lanes, which led the victim D(52 aged) (52) driving, which driven in the two-lanes of the two-lanes, to the front part of the driver's vehicle which was driven in the two-lane.

In the end, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, suffered injury, such as damage of the head of the motor vehicle requiring approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Report on the circumstances of driving under the liquor:

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

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

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate amount of each of the above crimes is aggregated) for the aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, is driving an automobile while under the influence of alcohol.

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