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(영문) 인천지방법원 2017.08.16 2017고단3678
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bran vehicle.

On April 10, 2017, while under the influence of alcohol level of 0.129% among the blood transfusion around 20:10, the Defendant was driving a two-laner vehicle in front of the D cafeteria in Incheon Gyeyang-gu, Incheon, the Defendant continued to drive the said franchiser vehicle in front of the D cafeteria in Incheon Gyeyang-gu, while driving it at a one-lane in the direction of Gyeyang-gu in the direction of Kimpo.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in not operating the front city and brakes properly in the front bank, was driven by the victim E (33 ) who was under a stop for signal waiting in the front bank, with the upper part of the Fi 30 passenger car driving in the front part, and caused a collision with the lower part of the victim G (63 Do) driving, which was under a stop for signal waiting in the front bank on a yearly basis.

As a result, the Defendant, while driving the said franchise-free vehicle in a situation where normal driving is difficult due to influence of drinking, suffered from the injury of the victim E, such as salt, tensions, etc. in need of a two-day medical treatment, and the injury of the victim G (63) in need of a two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes of subparagraph (E) and written diagnosis (G);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Attraction of a workhouse;

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