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(영문) 인천지방법원 부천지원 2019.07.26 2019고단1471
특정범죄가중처벌등에관한법률위반(위험운전치상)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 (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B rocketing car.

On February 26, 2019, the Defendant driven the above vehicle on February 26, 2019, and driven the front road of Seocheon-si C with a blood alcohol concentration of at least 0.104%, while under the influence of alcohol concentration of at least 40km in the direction of E from the direction of D.

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 alcohol, and since the place is an intersection where signal lights are installed, there was a duty of care to safely drive the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected to drive his vehicle while driving the vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking, and was negligent in driving the vehicle before the same direction, and received the vehicle from the victim F (the 41-year-old) who stops in the signal waiting prior to the same direction, and then received the vehicle from the victim.

Ultimately, the above victim suffered bodily injury, such as catitis, which requires treatment for about two weeks.

2. Violation of the Road Traffic Act (driving) the Defendant driven B rocketing car with the blood alcohol concentration of about 0.104% from the 500-meter section from the dth of the above temporary border to the front road of the Seog-si, Seocheon-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. A report on generation, a report on actual condition, and photographs;

1. Report on drinking, management and inquiry of the records of drinking-free driving, and report on the state of the drinking-free driver;

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 as to the crime and Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning the punishment of the crime.

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