(영문) 인천지방법원 2017.07.21 2017고단3198

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(영문) 인천지방법원 2017.07.21 2017고단3198

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with CM3 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 18, 2017, the Defendant was under the influence of alcohol content of 0.129% in blood transfusion around 22:59, and was under the influence of alcohol content of 0.129% in order to drive the said vehicle on the first floor parking lot of 14:10 Dong-dong, Incheon, Nam-gu.

A person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the front left left and right door, and to prevent accidents by accurately manipulating the operation and steering gear.

Nevertheless, the Defendant neglected this and parked the front part of the victim D(44) E-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri vehicle while driving the said vehicle in a situation where normal driving is difficult due to influence of drinking, such as drinking and smell

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to the influence of drinking, and suffered the victim’s injury of salt and tension by driving the car for about two weeks.

2. On April 18, 2017, the Defendant was driving CM3 automobiles under the influence of alcohol concentration of about 0.129% from the 200 meters away from the 12thm section of the 14th underground parking lot in the Nam-dong, Nam-gu, Incheon Metropolitan City, Seo-dong, Seo-gu, Seo-gu, Incheon to the 12th century.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of statutes on the site and vehicle photographs;

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

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의11

-형법 제37조

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