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(영문) 인천지방법원 2019.10.23 2019고단5705
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

Criminal facts

On May 27, 2019, at around 15:55, the Defendant driven a DWz C220d car under the influence of alcohol concentration of 0.187% on the front of the “C” in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, and led to the right-hand bypassing from the surface of the transmission road.

Although the Defendant, at the time, was under the influence of drinking such as talking about a small distance of 0.187% and talking about a horse, etc., it was difficult for the Defendant to drive the benz car as above, and then, in order to turn to the left from the right side of the transmission route to the right side from the right side of the transmission route, the Defendant was under the influence of the Defendant’s blood alcohol level to 0.187%, and was under the influence of drinking. However, while driving the benz car as above, the Defendant suffered injury, such as the salt of the shoulder part, which requires the above benz’s treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements prepared in E;

1. The actual condition survey report;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019);

1. Selection of each selective fine for punishment (the first offender who has no previous conviction, the agreement was reached with the victim after the crime of this case, which reflects his fault, and the result of damage caused by the accident of this case is not relatively much severe, and the vehicle driven by the defendant is covered by a comprehensive insurance policy).

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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