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(영문) 인천지방법원 부천지원 2017.01.19 2016고단3164
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

On November 5, 2016, when the Defendant was under the influence of alcohol 0.135% while driving at around 05:10 on a blood, and when it is difficult to drive normally due to the influence of alcohol due to the influence of alcohol, such as the physical width, snow shock, etc., the Defendant, as a business, by driving a vehicle from B, which was under the influence of alcohol, thereby causing injury to the victim C (64 years) with the rear part of the cargo vehicle and the injury of the tension and the tension in need of medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. The circumstantial report of the driver employed at the main place;

1. A survey report on actual condition, a report on the occurrence of a traffic accident, and a diagnosis report;

1. Application of each statute on photographs;

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant’s blood alcohol content is higher than 0.135%, and the quality of the crime is not good by causing a traffic accident while drinking or driving a stroke, considering the fact that the Defendant was punished by a fine of KRW 1.5 million due to drinking in around 2012, and the Defendant was under a bad condition. Meanwhile, the Defendant recognized the Defendant’s mistake and reflects in depth, and the Defendant was under a “nearing driving” in the process of serving at the home where the Defendant strokes the preceding day, and the Defendant was under a “nearing driving,” and the Defendant was under a two-year sentence and sentence heavier than a suspended sentence.

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