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(영문) 인천지방법원 2020.05.27 2020고단1456
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a vehicle BK7 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act;

On December 16, 2019, the Defendant driven the foregoing vehicle under the influence of alcohol of 0.134% in blood alcohol concentration around 01:30 on December 16, 2019, and driven the three-lane road in front of the 180-graison distance in Yeonsu-gu Incheon, Yeonsu-gu, in accordance with the direction of the training police station, one lane in the direction of C Apartment.

At night, the front door is going out at night, and the defendant is driving in close vicinity to the victim D's D's E-ro car that is driven along the two-lanes to the right side, so the driver has a duty of care to live well, secure the safety distance, and accurately manipulate the steering gear for the driver.

Nevertheless, under the influence of alcohol, the Defendant did not secure the safety distance with the victim's vehicle without accurately operating the steering gear, and was mistakenly driven by the victim's driver who was in the front of the traffic signal at the right side of the passenger vehicle.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (refluence measures) and committed an accident as stated in paragraph (1) of the same Article, and the Defendant did not take necessary measures so that 1,304,138 won of repair costs, such as pentum plate, etc., can be destroyed by the victim’s pentum plate, and escaped.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of a host driver;

1. Gabbbbox image flafing photographs;

1. A copy of a medical certificate;

1. A copy of the written estimate;

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