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(영문) 인천지방법원 2017.04.12 2017고단176
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On December 7, 2016, the Defendant, while under the influence of alcohol content 0.197% in blood on December 23:45, 2016, driven a B-A-D A7 vehicle under the influence of alcohol content 0.197%, and proceeded with a section of approximately 50 meters from the Do in front of the south-gu public health clinic in Incheon Southern-gu, Incheon, to the roads front of the 21-6 Incheon Southern-gu market.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car at the time of the above day while it is difficult to drive the car normally due to the influence of alcohol, and led the said car to drive the first lane prior to the above day market from the private distance protection area of the week to the private distance protection area of the daily market.

At the time, since it is night, and it is a third-way road that frequent vehicles frequent, there was a duty of care to operate safely by accurately manipulating the steering direction and brake system while driving a motor vehicle.

Nevertheless, the Defendant neglected this and proceeded as it was while driving in front of the direction, and received the back part of the victim C(46) driving DWz E20 car as the front part of the said Ari A7 car.

Ultimately, the Defendant suffered from the Defendant’s occupational negligence on the part of the victim C about two weeks of light oil and sculp salt, etc. to the victim E (the passenger, the passenger, the passenger of the said benz’s car, about two weeks of light oil, etc., respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. Statement of the circumstances of the driver at home, and report on the detection of the driver at home; and

1. A survey report on actual conditions;

1. A written appraisal of alcohol during blood;

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 Code of Trade and Trade (each.

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