(영문) 인천지방법원 부천지원 2017.11.09 2017고정940

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(영문) 인천지방법원 부천지원 2017.11.09 2017고정940

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a Crane car.

On June 30, 2017, while under the influence of alcohol 07:20%, the Defendant driven a free-to-face motor vehicle with a level of 0.106% alcohol during blood transfusion, and led to a five-lane road in the vicinity of the long-term distance from the west of Kimpo-si to the long-distance speed along the three-lanes. At the time, the Defendant was under the influence of alcohol, which makes it difficult for the Defendant to drive under the influence of alcohol, and has a duty of care to immediately stop driving. In such cases, the Defendant had a duty of care to immediately stop driving.

Nevertheless, Defendant 1, while under the influence of alcohol, was in the front part of the flus Ebts E220 car of the victim D(54 ebs Ebts E20 car while driving the above road normally due to negligence while driving a stroke in the state of alcohol.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the trend and the base of salt in need of treatment for about two weeks by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, accident mergence, report on the circumstances of the driving of the drinking, report on the circumstances of the driving of the drinking, notification of the results of regulating the driving of drinking, and medical certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the traffic Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), the selection of fines for each crime (the concentration of alcohol during blood, distance of driving, driving background, and sentencing of related cases, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

유사 판례

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