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(영문) 인천지방법원부천지원 2020.11.19 2020고단1070
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving automobiles Bi40.

On February 17, 2020, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking at around 18:58, and operated the front of the Chuncheon road in the direction of the next five-lane in the direction of the vice-lane from the remote distance room to the low-distance comprehensive playground.

A person engaged in driving of a motor vehicle has a duty of care to live well in the front line, to accurately operate the steering gear and brakes, and not to drive a motor vehicle while under the influence of alcohol.

Nevertheless, the Defendant neglected to do so and found and failed to operate a vehicle under the influence of alcohol level of 0.188% by negligence while driving the vehicle under the influence of alcohol level of 0.18%, and therefore, the Defendant received the part of the vehicle under the influence of the victim D(Nam, 46 years old) behind the EM7 car of the victim D(Seoul, 46 years old) waiting for the signal at that point.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle B i40 vehicle under the influence of alcohol with a blood alcohol concentration of 0.188% at the section of about 1km from a place where it is impossible to find out the place below the speed of the Do road at the time of the temporary border as stated in paragraph (1) to the front of the city of Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition of traffic accidents;

1. Investigation report (report on the circumstances of an immigration driver);

1. Statement on the circumstantial statement of the employee;

1. A written inquiry about the result of crackdown on drinking driving;

1. An accident site photograph;

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

1. The pertinent Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes, which was amended by Act No. 16922, Feb. 4, 2020.

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