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(영문) 인천지방법원 2016.06.30 2016고정1356
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is engaged in driving a golf car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On March 13, 2016, while under the influence of alcohol level of 0.147% from blood alcohol level of around 05:55 on March 13, 2016, the Defendant directed the front road of forest science distance to the Gyeyang-gu funeral, Gyeyang-gu, Incheon, with the forest private distance range from the boundary of the office distance of Gyeyang-gu, the Defendant straighted at an aesthetic speed.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely reporting the traffic situation on the front side and right side.

Nevertheless, the Defendant neglected this and drive C(51 tax, south) a victim C (51 tax, South) who was waiting for a signal signal in the front direction of the vehicle in the direction of the vehicle.

D Launa taxi found and immediately operated, and there was a conflict between the front part of the affected vehicle and the back part of the damaged vehicle.

In the end, the Defendant suffered injury to the victim C, such as the finite finite, which requires approximately two weeks of medical treatment, and the injury to the finite finite, which requires approximately two weeks of medical treatment to taxi E.

2. On the same date and time as paragraph 1, the Defendant: (a) driven a golf car with approximately 2.8 km while under the influence of alcohol level of 0.147% from the Aravian’s age near the Innannannannannannannannann in Gyeyang-gu, Incheon, at the same place as that of paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to cover harming vehicles booms and to photographs of damaged vehicles;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act

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