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(영문) 인천지방법원 2017.05.24 2017고단1800
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a K3 car.

On February 23, 2017, at around 00:40, the Defendant driven the front road in the direction of a tent in the direction of a new reproduction distance, while under the influence of alcohol with 0.149% alcohol concentration in blood, on the one hand, of the prisoners of war of 105 Samsan-gu, Incheon, Bupyeong-gu, Incheon.

In such cases, a driver of a motor vehicle has a duty of care to take into account the traffic situation on the front side, accurately manipulates the steering gear, etc., and prevent accidents in advance by driving safely.

Nevertheless, the Defendant neglected to do so, while stopping at the front of the vehicle, and was found to have been in the back part of the Drocketing taxi in the front of the Defendant’s vehicle.

Ultimately, the Defendant sustained injury to the victim E (52) who was a passenger on board the said taxi while driving the said taxi under the influence of alcohol that it is difficult for the Defendant to drive the vehicle normally.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to internal investigation reports (a written statement and a medical certificate attached thereto), E statements and medical certificates attached thereto;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing danger driving) and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of fines); and

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate amount of each of the above crimes is aggregated) for the aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is under the influence of alcohol in spite of the record of a single-time crime due to drinking driving.

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