logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.08.09 2017고단2109
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 CM6 vehicle.

On February 18, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.171% during blood transfusions, and led to two-lanes of the four-lane line, one of the four-lane lines, namely, the 887 East Sea Areas located in the direction of the Bupyeong-gu Incheon Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly adjust the steering gear and thoroughly prevent accidents, such as pre-control of the steering gear.

Nevertheless, the defendant neglected this and neglected to drive normally due to the influence of drinking, such as walking with a red, cross-road, and walking, etc. while driving the said vehicle, the defendant changed his own course to one lane while driving the said vehicle, and shocked the back part of the victim D (25 ) driving E-learning car's right side of the E-learning car from the front side to the left side of the defendant's vehicle.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim D and Don F (the victim 20 years old) who is the driver of the damaged vehicle, due to the influence of drinking, such as the climatic salt, tension, etc., which requires treatment for about two weeks respectively.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes of the de facto survey report, photograph, the statement report on the situation of the driver at the main place, and the investigation report (Evidence List 26 No. 1);

1. The driving of a motor vehicle causing bodily harm to the driving of a motor vehicle under each relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between crimes that violate the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury or Injury resulting from Dangerous Driving));

1. Selection of each alternative fine for punishment;

arrow