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(영문) 인천지방법원 2016.07.29 2016고단2737
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 (Death or Injury caused before the risk) is a person engaging in driving a B-learning car.

On April 13, 2016, the Defendant driven the said car under the influence of alcohol content of 0.130% during blood transfusions, and led to the driving of the said car at a speed of about 30km in the city according to the speed of 0.130km of the lux Park in Yeonsu-gu Incheon, by driving the said car at around 0.130%.

At the time, the Defendant, while driving the said vehicle under the influence of drinking, such as putting the redlight on the inside of a remote distance, was in a difficult way to drive normally due to the influence of drinking, and the Defendant received the back part of the victim D(50) of the victim D(50) who temporarily stops at the front of the signal signal at the front of the string-down car, and suffered injury, respectively, to the victim FF (the 42-year old age), who was on the front of the left side of the said string car, by taking the back part of the victim D(50) who was driving the said vehicle at the front of the string-off taxi.

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

2. On the day specified in paragraph (1), the Defendant driven a frighting car as stated in paragraph (1) in the state of alcohol alcohol concentration of about 300 meters from the front day of the “frighting port” to the place specified in paragraph (1), located in Yeonsu-gu Incheon Metropolitan City Cheongnam-gu, Yeonsu-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. A survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under each of the relevant 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 (the point of drinking alcohol);

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

1. Each selective fine for punishment;

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