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(영문) 인천지방법원 2017.10.25 2017고단5615
특정범죄가중처벌등에관한법률위반(위험운전치상)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

The defendant is a person who is engaged in driving the B-learning passenger car.

On June 9, 2017, the Defendant, while under the influence of alcohol 0.145% during blood transfusion around 23:04, driven the five-lane ahead of the Namdong-gu Incheon Metropolitan City, Seoul, along the two-lanes in the direction of the so-called German master distance from the south-gu office 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, while neglecting this, failed to properly operate the front-down city and operation system, was able to shock the part of the victim D (25 years old) driving, which was stopped in the front-round.

As a result, the Defendant, while driving the frighting car in a situation where normal driving is difficult due to the influence of drinking, was inflicted on the victim D such as salt, tensions, etc. in need of a two-day medical treatment, and suffered from the victim FF on board the said fright and tension in need of a two-day medical treatment for the above frighting car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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 each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against D whose criminal situation is more severe);

1. Selection of each sentence and each fine;

1. Aggravation concurrent crimes;

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