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(영문) 인천지방법원 2016.11.17 2016고단5981
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 vehicle B at low price.

1. Around 22:50 on July 16, 2016, the Defendant: (a) driven the above low-speed vehicle with a blood alcohol concentration of 0.224% while under the influence of alcohol on July 16, 2016; and (b) driven the two-lane road in front of the Korean power located in Incheon Bupyeong-gu, the number of Bupyeong-gu, Incheon, at a 113-lane number.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by Danger) and the Road Traffic Act (hereinafter “Act on the Aggravated Punishment, etc. of Specific Crimes”) provided that the Defendant driving of the said low-speed vehicle at the seat of the subway in such a condition that normal driving is difficult due to the influence of alcohol as stated in paragraph (1) at the time and place set forth in paragraph (1) and then driving about about 40 km from the side of the subway station to the Incheon Women’s Hospital in accordance with one lane, and the front part of the said high-speed vehicle was driven by the victim C (the age of 60) who was in the front seat of the Defendant’s vehicle, and caused the victim C to inflict bodily injury, such as catum fats and tensions that require two weeks’ medical treatment, and caused the victim E (the age of 34) aboard the said truck to suffer from the injury, such as catum fats, tensions, and tensions

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The actual condition survey report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Investigation report (security of accident video);

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc.

1. Selection of each sentence and each fine;

1. The Criminal Act among concurrent crimes.

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