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(영문) 인천지방법원 2018.05.23 2018고단1899
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

1. On February 27, 2018, the Defendant was under the influence of alcohol content of 0.131% during blood transfusion on February 27, 2018, the Defendant driving a down-to-land car at approximately 300 meters in the section of the Incheon city Museum prior to the Incheon city Museum, which is located at approximately 160-hour from the present elementary school located in the Yeonsu-gu Incheon city Sports Complex.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving a motor vehicle under the influence of alcohol as above at the time of the above day and led the roads front of the Incheon City Museum to go straight from the front of the Incheon City Museum to the memorial view for Incheon's Landing Operations.

At this point, there is a center line of yellow solid lines, so a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the front line and to safely drive the motor vehicle with the duty of care.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the center line, and the part left left behind the driver’s seat of the Defendant’s driver’s car, which was driven by the Defendant’s failure to drive the center line in a normal lane at the front of the Defendant’s driver’s license, was taken into account the part left over by the Defendant’s driver’s seat.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, was suffering from the injury of salt and tensions that require approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 (2) 2 of the Road Traffic Act.

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