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(영문) 인천지방법원 2016.07.20 2016고단2586
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. The Defendant is a person who is engaged in driving a vehicle B while driving a motor vehicle, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).

On April 6, 2016, the Defendant driven the said car with a alcohol content of 0.100% in alcohol around 23:30 and 0.10% in blood, and led the Defendant to drive the said car at a speed of about 90km in the speed of 89.8km in the direction of the day-to-day of the Seoul and the outer circular Highway located in Bupyeong-gu Incheon Metropolitan City along four lanes.

The Defendant is unable to accurately string the horses, and the Defendant was driving the said automobiles under the influence of alcohol such as a string distance, etc., while driving the said automobiles at the front time, and the victim C (hereinafter 35 years old) who was under the influence of the said automobiles, while driving the automobiles at the front time, received the back portion of the Dworketet No. Do of the said car at the front part of the car, and suffered injury, such as the string, the string, tension, etc. in need of approximately two weeks of medical treatment.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a co-owned car as described in paragraph (1) in the state of alcohol of about 0.10% of alcohol concentration in blood from the 4km section from the front of the Incheon Dae Park Park in the Nam-gu Incheon Metropolitan City, Chungcheongnam-gu to the place indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on a traffic accident, a report on the circumstances of the driver who takes driving, and a record of suspension of drinking;

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, the selection of fines for each crime (to be taken into account that the initial crime, the damage to the victim is not serious, and the comprehensive insurance is subscribed);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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