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(영문) 인천지방법원 2017.01.13 2016고정3135
특정범죄가중처벌등에관한법률위반(위험운전치상)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

1. The defendant is a person who is engaged in driving a Bran vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On April 26, 2016, around 01:23, the Defendant continued to drive a five-lane road at a point of 85.1km (daily mountain direction) from the side of the upper intersection to the side of the mountain, along the five-lane, at a speed of 0.170% alcohol level in blood while under the influence of alcohol level of 0.170%.

Since there was a five-lane display, which is an expressway, and a five-lane, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle with a lane, not a five-lane, but a five-lane, which is not a five-lane.

Nevertheless, the Defendant neglected this and stopped due to the breakdown of the vehicle while driving on the victim C(52 cc) in five lanes in a red side, where the indication, etc. was driven by negligence, which is a five-lane in a red side.

D The left back part of the freight truck was driven by the Defendant on the right side of the said car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as brain, which requires medical treatment for about three weeks, to the victim.

2. On April 26, 2016, the Defendant was under the influence of alcohol leveling of about 0.170% from a distance of about 1km to about 85.1km in circular-dong Seoul, Samsan-dong, Seoul, at around 60, a sports hall in Bupyeong-gu, Incheon, for sports on April 26, 2016, the Defendant driven a B-do motor vehicle while under the influence of alcohol leveling of about 0.170% from a distance of about 1km to the point of 85.1km in circular-dong, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

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

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

1. Relevant Articles of the Act and specific crimes concerning the crime.

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