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(영문) 인천지방법원 2017.09.13 2017고단4440
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

1. The Defendant is a person who is engaged in driving a vehicle B with the intention to drive a vehicle B.

On May 29, 2017, the Defendant driven the said car under the influence of alcohol content of 0.137% during blood transfusions on May 23:10, 2017, and proceeded with a road of 250 ona-ro, i.e., Incheon Gyeyang-gu, and a road suitable for “sexual elementary school” from the Seo-gu, Incheon, Seo-gu, to approximately 4 to 50 km each hour according to two lanes.

At the time, since it was at night and it was a bus stop, there was a duty of care to prevent accidents in advance by thoroughly giving the front time to a person engaged in driving business.

Nevertheless, under the foregoing, the Defendant was under the influence of alcohol and was negligent in proceeding without living well before the bus stops located in the bus stops where the Defendant was under the influence of alcohol and received the back of the victim C(55) bus stops in the passenger bus stops at the bus stops. The Defendant was under the influence of the vehicle in the front of the car in this way that the Defendant driven.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as a tension, salt, etc. which requires treatment for about two weeks to the victim.

2. On May 29, 2017, the Defendant, while under the influence of alcohol 0.137% during blood transfusion, driven a car of 200 meters from the original apartment parking lot in Gyeyang-gu, Incheon, Gyeyang-gu, Seoul, to the 250-way way from the Incheon, Gyeyang-gu, and the 200-meter way from the eropo-gu, Incheon, to the eropo-gu, Incheon, the eropo-dong, the Defendant continued to drive a car of 0.137%.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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