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(영문) 인천지방법원 2018.05.30 2018고단1095
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. On December 17, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) (hereinafter “Aggravated Punishment, etc.”) in violation of the said Act: (a) while driving a motor vehicle with the highest alcohol level below 0.108% in a state that it is difficult to drive the motor vehicle normally due to the influence of drinking that reaches 0.108% of alcohol during blood transfusion, the Defendant suffered from the victim C (28 years old) driving a motor vehicle with the highest alcohol level in front of the mountain distance, which is considered as the funeral of Incheon Bupyeong-gu, at the high-priced and high-priced police station from Incheon, without maintaining a sufficient safety distance and without properly operating the brake system in front of the four-lane, resulting in the injury of the victim C (28 years old) who stops at the front of the motor vehicle due to the said high-speed and the injury of the victim, such as a tension and a tension during the pertinent 2-day therapy during the front of the motor vehicle.

2. On December 17, 2017, the Defendant was under the influence of alcohol content of 0.108% from blood during blood around 03:57 on December 17, 2017, the Defendant driven a motor vehicle with a snife in the direction of about 2 km from the ravian nife near the nife in Gyeyang-gu Incheon Gyeyang-gu to the place referred to in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and photographs related to traffic accidents;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. C’s written statements and each written diagnosis;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The following circumstances are the reasons for sentencing of Article 334(1) of the Criminal Procedure Act.

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