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(영문) 인천지방법원 2016.08.10 2016고단2844
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. The Defendant is a person who is engaged in driving a car with B knife in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 1, 2016, the Defendant driven the above mar while under the influence of alcohol content of 0.156% in blood around 16:03, and led to two-lane roads in front of 55 times in Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon, to proceed at a speed of about 5km in the long distance from the front of the marb.

At the time, the Defendant, while driving the said van in a situation where it is difficult to drive normally due to influence of drinking, such as a string distance, etc., while driving the said van while temporarily stopping at the front, suffered injury to the victim, such as the catum salt of the c (28 tax) in need of treatment for about two weeks in front of the said van.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the passenger vehicles described in paragraph (1) in the state of alcohol alcohol concentration of approximately 00 meters from the front road to the place described in paragraph (1) at approximately 300 meters from the front road of the Seo-gu Incheon Samamb, Seo-gu, Incheon at the time of a day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on the actual condition, the details of inquiries about management of the survey report on the main place, and the statement on the actual condition of driving at the main place;

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

1. The issue is that Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (influence of dangerous driving, etc.), Article 148-2(2)2, Article 44(1) of the Road Traffic Act (influence of drinking), each of the fines (influence of drinking is high, there is no history of punishment of imprisonment without prison labor or heavier, and there is no history of the same crime, the degree of damage and the degree of damage are not significant in light of the fact that the crime was committed, and there is no agreement with the victim.

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