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(영문) 인천지방법원 2017.02.08 2016고단6149
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 motor vehicle with a Fgal course for the sake of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and violation of the Road Traffic Act.

On July 10, 2016, the Defendant driven the said car under the influence of alcohol content of 0.150% among blood transfusions on July 10, 2016, and led to the driving of the said car under the influence of 0.150%, along with one lane in the direction of combining the roads in the direction of Switzerland over the SPk State from the shooting distance of the daily market.

At the time, the vehicle was parked at night and at the front, and the vehicle was driven on the opposite lane, so there was a duty of care to accurately operate the steering wheel and brake system and to prevent the accident in advance by maintaining the safety distance.

Nevertheless, the Defendant was negligent in driving a vehicle while normal driving is difficult due to influence of drinking, following the left-hand side of the victim H(48 years old) who was driven by the victim H(48 years old) who was driving on the opposite vehicle due to the negligence of driving the vehicle while driving the vehicle at a normal level due to influence of drinking.

Ultimately, the Defendant suffered injury to the victim H, such as light, chest, and fluoral salt, which requires approximately two weeks of treatment, due to such occupational negligence.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, around 00:27 on July 10, 2016, the Defendant driven the Fgallon car that was not covered by mandatory insurance from the front of the Nam-gu Incheon Metropolitan City G road to the front of the 597 Gau-ro 597 market street.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Report on the occurrence of a traffic accident, report on the situation of a driver driving, notification on the results of crackdown on drinking driving, and inquiry into mandatory insurance (F);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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