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(영문) 인천지방법원 2017.07.12 2017고단2789
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK7 cars.

On March 7, 2017, the Defendant driven the above vehicle while under the influence of alcohol of 0.132% in blood, and continued two lanes among the three-lanes in the middle-ro of Incheon, Nam-ro, Incheon, with the flow distance of 38 degrees from the rogate of sublim.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly adjust the steering gear and thoroughly prevent accidents, such as pre-control of the steering gear.

Nevertheless, the Defendant neglected to drive the said vehicle while driving the vehicle normally due to the influence of drinking, such as walking, with red and unfolding, and faced the front part of the victim D(57 years old) who was under the influence of the signal waiting in the direction of the center, while driving the said vehicle while driving the vehicle, the Defendant shocked the front part of the left side of the 5-si vehicle by the left side of the Defendant vehicle.

After all, the suspect was injured by the victim D, who is the driver of the damaged vehicle, by driving a car in a state where normal driving is difficult due to influence of drinking, such as the injury of salt, tensions, etc. in the front line of the border that requires the treatment for about three weeks, the victim F (53 years old), the passenger of the damaged vehicle, and the victim G (55 years old) by the simple string of the land that requires treatment for about seven days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the survey report on actual condition, the statement on the situation of the driver taking the main place, each photograph, medical certificate, and each insurance money payment statement;

1. The driving of a motor vehicle causing bodily harm to the driving of a motor vehicle under each relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. The crimes provided for in Articles 40 and 50 of the Criminal Act (the injury or injury caused by dangerous driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes as indicated in the holding.

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