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(영문) 인천지방법원 2016.07.29 2016고단2774
특정범죄가중처벌등에관한법률위반(위험운전치사상)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. On April 10, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death before the risk) was drunk at around 04:30% of alcohol level among blood, and was unable to make a horse properly due to the instability of 0.180%, and became difficult to drive normally due to the unstable walk, etc., the Defendant was driving a B Spo-type car on the one-lane road in the south-gu Incheon Metropolitan City along the south-gu, Incheon Metropolitan City, and was going to enter the intersection in front of Incheon 810 high school as the Gyeongwon-gu, Incheon Metropolitan City.

Although the above intersection is prohibited from straight-way or left-hand turn and it is possible to make a right-hand turn, the defendant was negligent in entering the intersection to the middle point under the influence of alcohol as seen above, and the defendant suffered injury, such as the fluoral fluoral fluoral fluoral fluor of the victim C(56 tax) driving under the new subparagraph, with the front part of the defendant's car left-hand part of the defendant's car, resulting in the victim's injury.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle and caused the injury of people.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a BS-type car under the influence of alcohol content of 0.180% from the front day of “fluorial body”-ro 4-1, Nam-gu, Incheon, Nam-gu, Incheon, Seoul, to the front day of the 810-gu, Nam-gu, Incheon, Incheon, with a view to 700m alcohol concentration of 0.180%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report, a statement on the circumstances of the driver at home, and a report on the detection of the driver at home;

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 committed against the relevant criminal facts, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the selection of fines for each crime;

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

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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