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(영문) 인천지방법원 2016.07.29 2016고단2743
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving a car B car.

On April 23, 2016, the Defendant driven the said car under the influence of alcohol content of 0.163% from blood transfusion around 10:20 on April 23, 2016, and led the roads in front of Incheon Southern-gu C to a water-based apartment bank located in the south-gu, Incheon.

At the time, the Defendant, while driving the said car in a situation where it is difficult to drive the car normally due to influence of drinking, such as a string distance, while driving the car at the time, he received the back part of the victim D(W) who temporarily stops in the signal waiting at the front of the vehicle, as the front part of the said car rental car, and suffered injury, such as the victim D and the victim F(8 years old), and the victim G (n, 4 years old), for about two weeks, by taking the back part of the said car rental car as the front part.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and caused the victims to injury.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a car as stated in paragraph (1) in a state of drinking 0.163% of alcohol concentration in blood at approximately 50 meters from the front of the main road in the Nam-gu Incheon Metropolitan City, Nam-gu to the place indicated in paragraph (1) 1, in the direction of approximately 500 meters from the road near the main road in the Nam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, a statement on the circumstances of the driver in charge, and a report on the detection of the driver in charge;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under each of the relevant 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 (the point of drinking alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each selective fine (the initial crime, the purchase of comprehensive insurance, the degree of shock, and the degree of injury of victims);

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