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(영문) 인천지방법원 2016.07.14 2016고단2740
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 B X-ray car.

On April 14, 2016, the Defendant driven the said car under the influence of alcohol content of 0.131% among blood transfusions on April 22:53, 2016, and led to the passage of the road in front of Incheon Southern-gu C from the long-distance flood protection area of the forest to the south-dong Cheong-gu chump of about 20km at the speed.

At the time, the defendant found that the above X-ray motor vehicle was driven in a manner that it is difficult to drive the motor vehicle normally due to influence of drinking such as a big distance, etc., and that the above X-ray motor vehicle was driven at the same time, and that the victim D(55 cc) who was stopped at the time was driving, the front portion of the above X-ray motor vehicle was placed in front of the left side of the above X-ray motor vehicle and suffered injury, such as dump, which requires approximately three weeks of medical treatment.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driven an X-ray car listed in paragraph (1) while under the influence of alcohol with 0.131% at the time of the day set forth in paragraph (1) and proceeded with a section of approximately 800 meters from the front day of the south-gu Incheon Metropolitan City Do Do Do Do Do Do Do Do Do Do Do Do Do Do, to the place described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A survey report on actual conditions;

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

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of each of the above crimes is aggregated) of the aggravated concurrent crimes.

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