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(영문) 인천지방법원 부천지원 2019.08.06 2019고정376
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B SP car.

On March 25, 2019, the Defendant driven the said car on March 20, 2019, and driven the said car at the speed of about 60 km along three lanes from the side of Seocheon-si, Seocheon-si, the 314-lane south and south of the 3-lane road, with a blood alcohol concentration of 0.155%.

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 alcohol, and there was a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a better report on traffic situation at the right and right and right and right and accurately manipulating the steering gear, etc.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (the age of 29) prior to the same direction due to the negligence of neglecting this and driving in the same direction, and the part of the Defendant’s vehicle behind the driver’s vehicle was driven by the Defendant’s driver’s vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as climatic salt, which requires treatment for about two weeks.

2. On the same date and time as the above 1.1., the Defendant driven the sprink car in the state of alcohol with approximately 500 meters alcohol concentration of 0.155% in the section of about 500 meters from the front day of the Nowon-gu Seoul Special Metropolitan City E-gu to the road at the above accident site.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report and the report on the actual condition of the driver;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018).

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