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(영문) 인천지방법원 부천지원 2019.07.26 2019고단1452
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 engaged in driving a vehicle B high-speed.

On April 28, 2019, at around 15:30, the Defendant driven the said car while under the influence of alcohol with 0.140% of alcohol concentration 0.140%, and tried to drive the two-lanes in front of the Nowon-gu Seoul Special Metropolitan City, Seocheon-si C at a speed of about 5 km in the middle direction from the distance of literature and art.

Since there is a lot of traffic of vehicles and a place where signal is installed on the front side, the driver of the vehicle is prohibited from driving the vehicle while normal driving is difficult due to influence of drinking, and the driver of the vehicle has a duty of care to properly report the traffic situation and to safely operate the steering and brake system so that the accident can be prevented by safe operation.

Nevertheless, the Defendant neglected this and caused the damage to the Defendant’s vehicle due to the negligence of driving a stroke while normal driving due to influence of drinking, which was driven by the victim D(29 years of age) who was driving in front of the Defendant, and led to the collision of the part behind the Defendant’s vehicle.

As a result, the Defendant’s negligence on the part of the Defendant caused the injury to the victim, such as catum dye, which requires approximately two weeks of medical treatment, and the victim F (29 years of age) who is the passenger of the damaged vehicle, to suffer from the injury, such as catum dye, etc. for about two weeks

2. The Defendant violated the Road Traffic Act (driving) driving a B B B-T car under the influence of alcohol by 0.140% from the section of about 800 meters of blood alcohol from the apartment house of the 800-meter radius to the place of accident as set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of D and F;

1. A report on generation, a report on actual condition, and photographs;

1. A copy of the ledger using the drinking-free measuring instrument, a drinking-freeer, a report on the actual state of drinking drivers, and a report on the actual state of drinking-free driving;

1. Each written diagnosis;

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