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(영문) 인천지방법원 2017.08.18 2017고단4215
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 24, 2017, the Defendant driven the foregoing vehicle under the influence of alcohol content of 0.130% among blood transfusions, and proceeded with a road that is not divided into two lanes in front of the D cafeteria located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, at the speed of 20 to 30km from the edge of the Alley Pol Park.

At the time, since it is night and there is no distinction between delivery and vehicular road, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly operating the front-time and steering gear accurately.

Nevertheless, the defendant neglected to do so, so that he is inaccurate, red, red, and the part of the victim F(18) who sited above the right side of the road, which was parked on the right side of the road due to the negligence of the defendant's vehicle's driver's failure to drive normally under the influence of drinking, such as influoring and walking.

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

2. A guardian who violated the Road Traffic Act (drinking driving) by the defendant on March 24, 2017, located in the 77-ro, Bupyeong-gu, Incheon around March 22:25, 2017.

From approximately 300 meters away from the front of the Gu road to the front road of the Bupyeong-gu Incheon Metropolitan City, the car was driven under the influence of alcohol concentration of about 0.130% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a traffic accident report, a traffic accident report, a statement of the circumstances of the driver at the main place, and an investigation report (the latest 16,17);

1. Relevant Articles of the Act and specific crimes concerning the crime.

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