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(영문) 인천지방법원 2017.11.08 2017고단6005
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 5, 2017, the Defendant, while under the influence of alcohol 0.207% in blood at around 16:05 on August 16, 2017, driven a B low-speed car with a alcohol content of 0.207%, and proceeded with a section of approximately 1 km from the front of the sub-Dong-dong sub-Dong-dong sub-dong sub-dong sub-dong in Incheon Bupyeong-gu, Bupyeong-gu, Incheon.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaging in driving a motor vehicle B with the highest other car.

On August 5, 2017, the Defendant, as described in paragraph (1) around 16:05, while driving the said car while under the influence of alcohol and driving the two-lanes of the road front of the 212 Supung-gu, Incheon Bupyeong-gu, Incheon, the Defendant was a victim C (62 years of age) who was under the influence of alcohol and was driving in the front bank due to negligence that was unable to keep the front bank well, while driving the two-lanes of the 212 Supung-gu, Incheon.

D EXE car did not find out the stopping of the vehicle at a fixed body, and instead received EXE car from the above-mentioned low-speed passenger car and received approximately 2 weeks of treatment for the above-mentioned car, and suffered injury to EXE, a passenger E, a passenger of the above EXE, with approximately 14 days of treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A survey report on actual conditions;

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

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 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. The crimes provided for in Articles 40 and 50 of the Criminal Act (the crime committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Crimes) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) against C with a higher criminal situation.

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