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(영문) 인천지방법원 2016.10.20 2016고단5494
특정범죄가중처벌등에관한법률위반(위험운전치상)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

1. The Defendant is a person engaging in driving a motor vehicle B, who is a driver of the motor vehicle B.

On July 9, 2016, the Defendant driven the said car under the influence of alcohol 0.227% with a blood alcohol concentration around 02:55, and led the Defendant to drive the said car along the three-lane road in front of the YMCA shooting distance in the Nam-gu Incheon Metropolitan City, Nam-gu along the two-lane of the home flusing line.

The Defendant, while driving the said car in a situation where it is difficult to drive the car normally due to influence of drinking, such as a remote distance, while driving the car at a time from three-lanes in the front direction to a signal signal route, received the back part of the victim C(36 years old) driver's knife vehicle driving in the front part of the said knife vehicle, and suffered injury, such as the shacker's salt, tension, etc. in need of treatment for about two weeks, from the victim.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

2. The Defendant in violation of the Road Traffic Act (driving) driven a motor vehicle with the character specified in paragraph (1) while under the influence of alcohol 0.227% of the blood alcohol concentration at the time and time specified in paragraph (1) and proceeded with approximately 15 km away from the parking lot of new glutinous rice glutinous, glutinous rice net house located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon to the front road of the Namdong-gu, Namdong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are applicable.

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