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(영문) 인천지방법원 2020.11.18 2020고단8191
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a B K5

On August 1, 2020, the Defendant was under the influence of 04:10% of blood alcohol concentration of 0.228%, and the Defendant was under the influence of the Michuhol-gu Incheon apartment complex, Michuhol-gu, Incheon, along with a one-lane road in the direction of the next direction of the apartment.

At the time, since it is a night and a narrow scular road in a apartment complex, there was a duty of care to prevent accidents by reducing speed to those engaged in driving of motor vehicles and properly manipulating the steering gear.

Nevertheless, the Defendant neglected to perform his duty at the front time in the situation where normal driving is difficult due to influence of drinking, such as blood alcohol concentration of 0.228%, such as red, light, and walking, and due to the negligence that the Defendant failed to accurately operate the steering wheel and brake system due to the influence of drinking, and received a part of the F spke car driven by the victim E (36 years old) who was driven on the opposite line of the Defendant’s vehicle, following the left side of the F spke car driven by the victim E (36 years old).

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the said victim G (36 years old), the said passenger, and the victim H (36 years old), respectively, for about two weeks of treatment.

2. On the date and time set forth in paragraph 1, the Defendant driven the said B K5 vehicle under the influence of alcohol level of 0.228% in the apartment complex located within approximately 500 meters in the apartment complex as set forth in paragraph 1.

Summary of Evidence

1. Statement E, G and H written statements prepared by the defendant;

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

1. Article 5-11(1) and Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the applicable law.

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