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(영문) 인천지방법원 2017.01.11 2016고단7177
특정범죄가중처벌등에관한법률위반(위험운전치상)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

The Defendant is a person engaging in driving a rocketing car.

On September 16, 2016, the Defendant driven the said car under the influence of alcohol content of 0.101% in blood around 18:10 on September 16, 2016, and driven the road of 5 lanes in the south-gu Incheon Metropolitan City C ahead of the Nam-gu at a speed that would not be known by three lanes from the boundary of the tin market to the flood-fighting engine.

In such cases, the driver has a duty of care to live well on the right and the right and the right and the right and the duty of care to prevent accidents in advance by driving safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and went to the right side of the victim D(30 tax) who driven by the victim D(30) with four-lanes to the right side of the defendant's vehicle in the E-5 vehicle driven by the defendant, and without recognizing the fact of the accident, received the right side side of the G K5-si driven by F while driving to the fire fighting boat.

As a result, the Defendant driven a motor vehicle under the influence of alcohol, and suffered injury, such as salt pans and tensions, to the victim D, and to the passenger H of the said K5-si (V, 35 years old) for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, D, or H;

1. A survey report on actual condition, a report on the detection of a driver engaged in the primary business, and a report on the circumstances of the driver engaged in the primary business;

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 of the alternative fines for punishment (the same type of punishment has no previous conviction, and shall be sentenced to imprisonment without prison labor or more;

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