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(영문) 인천지방법원 2017.08.16 2017고단2860
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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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

On March 26, 2017, the Defendant is a person who is engaged in driving vehicles B E300, and the Defendant was found to have driven the above vehicle while under the influence of alcohol 0.153% at around 26 23:50, while driving the vehicle, and the police was under the influence of alcohol, and in order to avoid this, the Defendant continued to drive the vehicle at an influence of the youth training room in the front of the Busan Bupyeong-gu Prisoners of war.

At the time, the victim C(36) driver, who is the police officer, was parked on the front side of the defendant's vehicle in order to prevent the defendant's escape. Therefore, the driver had a duty of care to accurately operate the brake system and prevent the accident in advance.

Nevertheless, the Defendant rhymd the horses and received the front portion of the victim’s left side on the right side of the vehicle due to the negligence of the Defendant’s vehicle’s failure to drive normally under the influence of drinking, such as a remote distance.

Ultimately, the Defendant suffered injury to the victim, such as fingers and tensions in need of approximately two weeks of medical treatment by occupational negligence as seen above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking and the selection of fines);

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 sentencing of Article 334(1) of the Criminal Procedure Act is the sentencing of the provisional payment order.

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