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(영문) 인천지방법원 2019.10.30 2019고단6293
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving cars BM5

On August 22, 2019, at around 09:26, the Defendant driven the said car under the influence of alcohol level of 0.168%, and changed the two-lane road in front of the D, located in the Bupyeong-gu Incheon Metropolitan City, into a two-lane, while driving the two-lane road in front of the D, which is located in the Bupyeong-gu, Incheon, Bupyeong-gu, from the market rogate to the ordinary air basin.

Since there is an intersection, a person engaged in driving a motor vehicle has a duty of care to safely change the lanes and prevent accidents by accurately operating the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to perform his duties at the time of the front week, and caused the negligence of driving the Defendant’s vehicle at the front part of the Defendant’s driver’s vehicle in front of the two-lane driver’s vehicle, and received the back part of the Victim E(Fz in the age of 41) driver’s vehicle.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol that it is difficult for the Defendant to drive the motor vehicle normally, resulting in the Defendant’s injury to the victim, such as the pipe and tension of the details of the unknown parts, and the tension and tension.

2. On August 22, 2019, at around 09:26, the Defendant driven a BM5 vehicle under the influence of alcohol with a weight of approximately 200 meters alcohol concentration of approximately 0.168% from the section of approximately 200 meters from the street market in Bupyeong-gu Incheon Metropolitan City to the front roads in D in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the driver, investigation report (report on the circumstances of the driver with the employer), the detection report of the driver with the employer, and the report on internal investigation (receiving a written statement and diagnosis report of the victim);

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.

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