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(영문) 인천지방법원 2018.05.09 2018고단975
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who drives a BF cattle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On January 10, 2018, the Defendant driven the said car under the influence of alcohol content of 0.154% during blood transfusion around 22:00, while driving the said car, and led directly to the flow of the road before the Gyeyang-gu Incheon Gyeyang-gu Council in front of the 126 Gyeyang-gu Council in the direction of Gyeyang-gu Incheon.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant was negligent in driving a vehicle while driving the vehicle in a situation where it is difficult to drive the vehicle normally, such as being in an incorrect condition, without neglecting this, and driving the vehicle by negligence, C(W, 47 years old) of the victim C (W, 47 years old) who was waiting before the direction of the proceeding of the Defendant.

DF small-sized vehicles followed by Defendant 1’s vehicle, the part concerning the crime was concealed into the part concerning the crime in front of the passenger car.

Ultimately, the Defendant suffered from the Defendant’s injury of salt and tension in need of approximately two weeks’ medical treatment due to occupational negligence as seen above.

2. On January 10, 2018, the Defendant driving the said BF cattle in the state of under the influence of alcohol content 0.154% at a distance of about 5 km from the front of the 300 Korean restaurant to the front of the 126 Gyeyang-gu Incheon Gyeyang-gu Council, as in the direction of Gyeyang-gu, Incheon, the Defendant, at around 21:40 on January 10, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;

1. A medical certificate;

1. Booms.

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