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(영문) 인천지방법원 2016.08.31 2016고단3755
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

1. The Defendant is a person engaged in driving a B wing and III cargo vehicle.

On June 10, 2016, the Defendant driven the above cargo while under the influence of alcohol 0.189% during blood transfusion 0.10%, and continued two-lanes in front of the shooting distance in the Olympic Park, which is located in 1123-5, Southern-gu, Incheon Metropolitan City.

The Defendant, while driving the said cargo in a situation where it is difficult to drive normally due to influence of drinking, such as a remote distance, etc., and driving the said cargo at a time at the front of the said cargo vehicle, received the back part of the D Village shuttle bus operated by the victim C (71 tax) who temporarily stopped at the front of the said vehicle, and suffered injury such as diversal salt, etc. which requires approximately two weeks of treatment for the said cargo vehicle C, and at the same time suffered injury to the victim E (the 69 years old), who was accompanied by the said village bus, for about two weeks of treatment.

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

2. Violation of the Road Traffic Act (Drinking driving) driven the freight specified in paragraph (1) while under the influence of alcohol of approximately 0.189% from the parking lot of "Save Shab Shab Shab Shab Shab," located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, to the place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A survey report on actual condition, a statement on the circumstances of the driver in charge, and a report on the detection of the driver in charge;

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 committed under each of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol);

1. Commercial concurrence;

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