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(영문) 인천지방법원부천지원 2020.11.12 2020고단4032
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving B radar cars;

On September 29, 2020, around 05:33, the Defendant driven the said radar car from the upstream of the commercial zone in order to be prudented from the upstream of the commercial zone in order to drive it in a two-lane.

At the front of the defendant at the time, the E-car driven by the victim D (D, south, 49 years old) who is in the atmosphere of the defendant was under the influence of alcohol, and thus, the person engaged in driving duty has a duty of care to thoroughly perform the duty of a front-time driver and not to drive under the influence of alcohol when it is difficult to drive under the influence of alcohol.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.172%, was in the influence of alcohol level of the blood alcohol level of 0.172%, while driving a motor vehicle with the difficulty of normal driving so as to make it impossible to drive the motor vehicle normally, by negligence, received the rear pandeer of the said high driver vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pans, tensions, etc. in need of medical treatment for about two weeks.

2. Around 05:33 September 29, 2020, the Defendant driven a Malaysia car while under the influence of alcohol of about 0.172% of blood alcohol concentration at a section of about 7 km from the insular road to the insular road from the insular road of Incheon City to the insular City.

Summary of Evidence

1. The application of Acts and subordinate statutes to the police report of the defendant's legal statement D on traffic accident report (1), traffic accident report (2), on-site photo, diagnosis report, investigation report, the report on the situation of driving at home, the report on the driving at home, the notification of the results of the drinking driving control, and the report

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2(3)2 and Article 44 of the Road Traffic Act.

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