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(영문) 인천지방법원 2019.08.21 2019고단4255
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a Bsch Rexton car.

On May 26, 2019, at around 12:30, the Defendant driven the said car while under the influence of alcohol with 0.177% of blood alcohol concentration, and led the south-gu Incheon Metropolitan City roads front of the road to bypass the road to about 5 km at the speed of a small Gu monthly distance from the area of the D market.

At the same time, there was a parked vehicle at the same time, and there was a passage of a vehicle on the connected road, so in such a case, the driver of the vehicle has a duty of care to prevent the accident from being driven in advance by safely driving by driving the vehicle, such as moving the vehicle well to the surrounding vehicle so that it does not interfere with the passage of other vehicles.

Nevertheless, the Defendant neglected this and neglected to hold the alcohol content 0.177% of the blood alcohol content, while driving a vehicle in a situation where normal operation is difficult such as drinking, smelling, etc., while driving the vehicle at a difficult level, and due to the negligence of bypassing the surrounding area, the head door of the said vehicle was the even part of the above vehicle, which was the Fspke car driven by the victim E (the age of 28) who stopped in order to turn the vehicle to the right-hand side of the small-sprink distance at the location of the D market of the above road.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and the Defendant suffered approximately two weeks of medical treatment to the victim.

2. Around 12:30 on May 26, 2019, the Defendant driven a Bschton car in the state of alcohol alcohol concentration of about 0.177% from a five-meter radius from the H front sidewalk located in Nam-gu Incheon Metropolitan City G to the J front road located in I.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual survey report on traffic accidents;

1. A report on the situation of running a motor vehicle under consideration, and a driver under consideration;

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