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(영문) 인천지방법원 2017.10.20 2017고단6075
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BM5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On July 12, 2017, the Defendant driven the above car at around 22:17, and led the front road of 2,000, Nam-gu, Incheon, Nam-gu, Incheon, to proceed along one lane in the direction of “Neung Park” in the village apartment site, where the Defendant was under the influence of alcohol 0.135% during blood.

Although a person engaged in driving of a motor vehicle has a duty of care to pass along the center right side of the road, the defendant was negligent in driving the center line under the influence of alcohol while it is difficult to drive a motor vehicle normally, and due to the negligence that the defendant, while driving the motor vehicle on the opposite lane, led to the left side of the victim C(66 tax) driver's car driven on the opposite lane, which was parked on the opposite lane, to the left side of the said SM5 motor vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (the 54 years old) and the victim F (the 35 years old and the 35 years old and the 35 years old), respectively, by driving the said car.

2. On July 12, 2017, the Defendant was under the influence of alcohol level of 0.135% among blood on July 22, 2017, the Defendant driven BM5 car at approximately 700 to 800 meters from the south-gu Seo-dong, Incheon to the roads of the same Gu from the alley-dong, Nam-gu, Incheon to the roads of 166.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of E and F;

1. A traffic accident report and a statement on the circumstances of the driver involved in the driving;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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