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(영문) 인천지방법원 2020.07.22 2020고단2679
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving automobiles Bk5

On March 7, 2020, the Defendant driven the above car on March 7, 2020, and led to a four-lane of the horizontal distance of the horizontal park entrance in Michuhol-gu, Incheon Metropolitan City along the border of Michuhol-gu along the four-lanes of the horizontal distance of the horizontal park entrance in Michuhol-gu, in accordance with the single-lanes of the water boom from the boundary of the drawing elementary distance.

At the same time, there was a vehicle under stop in accordance with the new subparagraph, and thus, there was a duty of care to prevent the accident by reducing the speed and maintaining the safety distance with the vehicle on the front side.

Nevertheless, the Defendant was found to have been behind the DMW 110WH two-wheeled vehicle driven by the victim C(35 years old) who was parked in the front part of the said vehicle under the stop signals due to the negligence of failing to accurately operate the brake system in the situation where normal driving is difficult due to influence of drinking, such as in-depth, face color, etc., while under the influence of alcohol, and due to the negligence of neglecting the operation of the brake system in a state where normal driving is difficult due to the influence of drinking.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of the other parts requiring treatment for about two weeks.

2. On the date and time set forth in paragraph 1, the Defendant driven the said B k5 car while under the influence of alcohol leveling 0.186% from the 20km section from the 20km to the place set forth in paragraph 1.

Summary of Evidence

1. Application of Acts and subordinate statutes on the scene of traffic accidents to the police's legal statement C, report on traffic accident, diagnosis of the result of crackdown on drinking driving, and notification thereof;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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