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(영문) 인천지방법원 2016.07.21 2016고단2995
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person who is engaged in driving a rocketing motor vehicle.

On April 11, 2016, the Defendant driven the said car under the influence of alcohol content of 0.137% among blood transfusions on April 11, 2016, and led the Defendant to drive the said car at a speed of approximately 50km per hour depending on two lanes for three lanes at a point of 8.1km away from the direction of Seoul in Jung-gu, Incheon.

At the time, the Defendant, while driving the said vehicle under the influence of drinking, such as a string distance, while driving the said vehicle in a situation where it is difficult for the Defendant to drive the vehicle normally due to the influence of drinking, suffered from the injury of the victim C(30) driving the said vehicle in the direction of the same lane at the front of the said stringr car, the back part of the said stringr part of the said stringr car, which was in the front of the said stringr car, and suffered from the injury of the victim E(the 27 years old) who was on the said Do, such as the string, the string part of the said stringr part, which was in need of approximately 3 weeks medical treatment, and suffered from the injury of the two strings that require approximately 2-day medical treatment.

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

2. The Defendant in violation of the Road Traffic Act (drinking driving) driven a rocketing car listed in paragraph (1) with alcohol content of 0.137% during the influence of alcohol at the time of the day specified in paragraph (1) and proceeded with a section of about 20km from the road near the original station in Gyeyang-gu, Seoyang-gu to the place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.

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