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(영문) 인천지방법원 2017.05.10 2016고단8886
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle B K5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 24, 2016, the Defendant was under the influence of alcohol content of 0.154% during blood transfusion, and the Defendant was under the influence of alcohol at a speed of about 50 km in the speed of about 50 km from the surface of a grhysology to the front of the horse death distance of 708 in Incheon Gyeyang-gu, Incheon, where normal driving is difficult.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to those engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant neglected this and took part of the part of the victim C (63 tax) who was driven by the left turn to the left in accordance with the new thale from the lustal off of the front left due to the negligence in the front line of the said K5 car at the front part of the said K5 car.

As a result, the Defendant suffered from the above occupational negligence injury to the victim E (the victim E (the 45 years old) who was on the cab in need of approximately 8 weeks of medical treatment, injury such as rashing, etc., which requires approximately 2 weeks of medical treatment, and injury such as a chest spathy, etc. to the victim F (the victim F (the 27 years old) who was on the 5-day car, which requires approximately 2 weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven the said K5 vehicle under the influence of alcohol with 0.154% at the time of the day set forth in paragraph (1) and proceeded with approximately 300 meters from the land below the Incheon Gyeyang-gu Park-dong to the place set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of G and F;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. A survey report on actual conditions;

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

1. Each of the relevant Articles of the Act concerning the facts of crime;

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