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(영문) 인천지방법원 2017.04.14 2017고정349
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a motor vehicle with B-to-purd motor vehicle.

On November 5, 2016, the Defendant driven the above vehicle under the influence of alcohol content of 0.153% during blood transfusion at around 01:00, and turn it to the left in the direction of mooring from the direction of the autopsy station in Incheon Seo-gu.

At all times, traffic control has been carried out by signalling, so in such a case, the driver of the vehicle has a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to drive the vehicle safely in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (42 tax) who was straighted in accordance with the signals in the direction of the police station in the direction of the police station in the direction of the police station in the direction of the left left due to the negligence of the Defendant, and was driven by the victim C (42 tax).

Ultimately, the Defendant, as seen above, driven a lurged car in a situation where normal driving is difficult due to influence of drinking, and suffered damage to the victim E (the 40-year-old victim) who is the passenger of the victim and the victim E (the 40-year-old victim) for about two weeks of treatment, respectively.

2. Around 01:00 on November 5, 2016, the Defendant driven a vehicle with alcohol content of about 2km from approximately 0.153% under the influence of alcohol level from around 01:0 to about 0.153% under the influence of alcohol level from around 0.153% from around the 2km-dong of Seo-gu Incheon, Seo-gu, Incheon to the shooting distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A medical certificate;

1. A report on the occurrence of a traffic accident, a report on the situation of a driver taking driving, and a ledger using drinking instruments;

1. Application of statutes, such as site photographs;

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

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