(영문) 인천지방법원 2021.02.03 2020고단9837

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(영문) 인천지방법원 2021.02.03 2020고단9837

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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 motor vehicle with soflurd B, in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Risk Driving).

On September 4, 2020, the Defendant driven the above vehicle on September 4, 2020, and led the 56 salt field shooting distance from the Incheon Yeonsu-gu, to the private distance from the west-do, under the influence of alcohol level of 0.141% during blood.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant, under the influence of drinking, is divided into a non-distance and non-distance, and when he negligent in driving in a situation where it is difficult to drive the vehicle normally, such as red, due to the negligence, and due to the Defendant’s negligence, he received the back part of the victim C (the 59-year-old driver) who was stopped in order to wait for a signal signal in front of the driving direction of the vehicle of the Defendant.

As above, the Defendant suffered from an injury to the victim by negligence in the course of business that driven while under the influence of alcohol with 0.141% alcohol level while normal driving is difficult due to the negligence of the Defendant, which requires approximately three weeks of treatment.

2. Around 00:13 September 4, 2020, the Defendant was driving a B-to-purd vehicle under the influence of alcohol content of 0.141% at a section of approximately 1km from the blood alcohol content from the F parking lot located in Yeonsu-gu Incheon Metropolitan City to the 56 salt field shooting distance from the same cause.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement report, investigation report (report on the situation of the driver in charge of driving), notification on the result of regulating the driving of drinking alcohol; 1. Application of Acts and subordinate statutes;

1. Article 5-11(1) and Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and the selection of punishment.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11 제1항

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