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(영문) 인천지방법원 2017.02.09 2016고단8309
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B at the end of the specific crime, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 9, 2016, the Defendant proceeded along the two-lanes from the offline of the offline of the Seoul and the offline from the offline of the U.S. ICC, which is located in the valley in Seoyang-gu, Seoyangyang-gu at around 02:58 on October 9, 2016.

A person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating the steering gear and to prevent accidents by safely driving the steering right and the right and the right.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.137% in blood, was unable to drive a car at the above horse while driving the car at the same time, and due to the negligence between the vehicle and the vehicle, was driven by the victim C(31) of the victim C (31) who driven the car at the same lane.

As a result, the Defendant suffered injury, such as salt, tension, etc., in a state where normal driving is difficult due to influence of drinking, by negligence, to the victim who driven a vehicle in the horse at the same time, requiring approximately three weeks of medical treatment.

2. On October 9, 2016, the Defendant, while under the influence of alcohol 0.137% at around 02:5, on the blood alcohol level, driven a marine vehicle B while driving the marine vehicle at around 0.137%, and driven a distance of approximately 1 km from the front of the marine and the marine club located in the center of the Dong-gu, Busan Metropolitan City, Seoyang-gu, Seoyang-gu, Seoul, to the marth of the marine-gu, Goyangyang-gu.

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 at home and report on the detection of the driver at home;

1. A survey report on actual conditions;

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 as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 and 148-2 (2) 2 and 44(1) of the Road Traffic Act (the point of drinking), respectively;

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