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(영문) 인천지방법원 2018.04.18 2018고단1208
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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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

The defendant is a person who is engaged in driving a B car rental car.

On February 9, 2018, the Defendant, while under the influence of alcohol level of 0.186% from blood alcohol level around 01:30, the Defendant driven the above car rental car of the south-dong Incheon Metropolitan City, the four-lanes in front of the Nam-gu Incheon Metropolitan City, and driven the above car rental car at about 30 km in the direction of the parallel distance from the direction of the parallel distance.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the front-time city and brakes properly, and was under the influence of the Defendant’s failure to stop for a signal waiting in the front-round bank, and was under the influence of the victim D(W, 42 years old)’s E-M car, followed by the Defendant’s vehicle, and was under the influence of the said car siren in front of the car.

As a result, the Defendant driven the above car sirens car in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as chest dump, tension, etc. which requires two-day medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A traffic accident report;

1. On-site photographs;

1. Statement of the circumstances of the driver involved in driving;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of danger), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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