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(영문) 인천지방법원 2019.03.20 2019고단427
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. Around 21:30 on December 17, 2018, the Defendant: (a) was driving a C Track vehicle on the fourth-lane road in front of the Namdong-gu Incheon Metropolitan City, and was driving in the direction of the main driving distance from the direction of the E-Ick Park, while neglecting the duty of front bank and rear banking in the state where it is difficult to drive the vehicle normally due to the influence of alcohol due to the influence of alcohol due to the influence of alcohol due to the influence of alcohol; and (b) led to the occupational negligence of the victim D (31 years old) driving along the four-lane-lane, driving the front part of the E Track vehicle by the victim D (31 years old) driving along the four-lane to the right side of the Defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pans, tensions, etc. in need of medical treatment for about two weeks.

2. The Defendant was driving the said CTrack vehicle under the influence of alcohol concentration of approximately 0.155% from a section of approximately 1.5 km to the point where the above accident occurred on the roads of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A fact-finding survey report and a report on detection of a host driver;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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