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(영문) 인천지방법원 2017.06.21 2017고단2691
특정범죄가중처벌등에관한법률위반(위험운전치상)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

The defendant is a person who is engaged in the duty of driving Category B motor vehicles.

On March 30, 2017, around 00:20 on March 30, 2017, the Defendant driven the Track Motor Vehicle with approximately 60 km a speed of 0.142% at the 2nd line road in front of the entrance of the apartment apartment of the 35th place in Nam-gu Incheon Metropolitan City.

In such a case, even though a person engaged in driving a motor vehicle has a duty of care to accurately operate the front section and the steering gear of the motor vehicle and prevent the accident in advance, the defendant is under the influence of alcohol while driving the motor vehicle in a situation where it is difficult to drive the motor vehicle normally, such as a mold distance, while driving the motor vehicle at the front section of the motor vehicle that the victim C (56 tax) who was waiting for the signal at the front section of the motor vehicle and then finds late late, the remainder of the motor vehicle was the front part of the motor vehicle driven by the defendant.

As a result, the Defendant driving the said black car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as salt, tension, etc. in need of approximately two weeks medical treatment to the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

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 Defendant is under the influence of alcohol for sentencing of Article 334(1) of the Criminal Procedure Act.

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