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(영문) 인천지방법원 부천지원 2017.12.21 2017고단2754
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

The defendant is a person who is engaged in driving a K3 car.

1. On September 28, 2017, the Defendant driven the said K3 car under the influence of alcohol content of about 0.218% at a section of about 30 meters from a 0.218-meter alcohol level at the underground parking lot near a restaurant in the former East East-dong State, Hapo-si, Kimpo-si, Kimpo-si, at the same Eupn-do, to the same village as a cafeteria.

2. Defendant 1, as indicated in the preceding paragraph of the same day at the time, driven the above vehicle while normal driving is difficult due to the influence of drinking, such as the influence of drinking, by driving the vehicle with alcohol concentration at 0.218% during blood, as well as the horse rhythm, a little string, and walking, and proceeded to the same mam on the side of the cafeteria-dong-dong-gu, Eastern-gu, East-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed, accurately operate steering devices and brakes, and safely drive them to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and proceeded as it is under the influence of alcohol, and was parked on the above road by the top-class of the operation of the car, and received the top-class of the CM7 car parked on the above road.

As a result, the Defendant, while driving the said vehicle under the influence of alcohol that is difficult to drive normally, suffered injury to the victim D (the 35 years old) who was seated in the said SM7 driver’s seat, due to the influence of alcohol for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation and investigation reports (victimD telephone investigation and hearing statements by victim and reference witness);

1. A survey report on actual condition, report on the occurrence of a traffic accident, report on the circumstances of the driver of the relevant driving, notification of the results of crackdown on drinking driving, and medical certificate;

1. Application of each statute on photographs;

1. The relevant Article of the Criminal Act and the aggravated punishment of specific crimes as to the choice of punishment.

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