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(영문) 인천지방법원 2017.05.11 2017고정760
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

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

On December 30, 2016, the Defendant stated in the indictment for 00:45% of alcohol content in the blood transfusion, but in light of evidence, it is evident that the above number is 0.133% of “0.13%” and the above number is 0.138% of the blood transfusion, so it is obvious that the Defendant’s blood content level is 0.138% of the above number is corrected as above.

While under the influence of alcohol, the car driving is driving the car and the five-lane road near the Don-do Don-ro, Nam-gu, Incheon Metropolitan City, is driving through two-lanes of speed, the speed of which is about 40 to 50km from the surface of the Incheon Dae Park to the surface of the air.

In such cases, the driver has a duty of care to check the safety of the course by checking well the right and the right and the right of the driver, and to not drive a motor vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant was unable to avoid the victim C(56) driving due to the vehicle at the bend bend due to the negligence of the Defendant’s negligence while under the influence of alcohol while driving in the bend bend, and received the back part of the driver.

As above, the Defendant suffered injury to the victim E (the 49 years old) who was on board the victim’s car in need of approximately two weeks’ medical treatment due to negligence in the course of performing duties when driving a motor vehicle while normal driving of the motor vehicle is difficult due to drinking, and the Defendant suffered injury, such as the catum dynas, etc., which requires approximately two weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the scene of an accident, vehicle photograph, report on the situation of a driver placed in the main place, report on the detection of a driver placed in the main place, and the application

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding 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 concerning the crime;

1. Trade name;

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