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(영문) 인천지방법원 2016.06.22 2016고단1455
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a Track car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury prior to the risk).

On February 13, 2016, the Defendant, at around 00:12, 00:0, driven the above vehicle at an influencous speed in the direction of the construction center, driving the vehicle in front of the Incheon Nam-gu culture in the direction of the extreme apartment distance in the direction of the construction center, while driving the vehicle normally under the influence of drinking, such as influencing, 0.213% of alcohol concentration in the blood alcohol concentration at 0.213%, and driving the vehicle normally due to the influence of drinking, and suffered injury, such as brain flucencing, etc., requiring approximately two weeks of treatment, by receiving the back portion of the back portion of the victim C (69 years old)'s driving on the right side of the vehicle of the Defendant stopped as a signal to turn to the right side of the vehicle.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a 1 km car from the roads front of the south-dong-gu Incheon Metropolitan City B-dong B-dong, Seoul, to the roads front of the extreme apartment street, located in the same Gu culture, while under the influence of liquor of 0.213% alcohol concentration during blood, as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition, a statement on the circumstances of the driver involved, and a response to a request for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (influence of death or injury caused by dangerous driving), Article 148-2(2)1, Article 44(1) of the Road Traffic Act (influence of drinking), each of the fines (influence of criminal punishment except for the punishment of a fine of KRW 1.5 million due to a crime of drinking driving on around 1999), the victim has no record of criminal punishment, the damage of the victim is minor, and the victim is covered by a comprehensive insurance.

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