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(영문) 인천지방법원 2016.08.11 2016고단3352
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 who is engaged in driving a car with B car.

On May 8, 2016, the Defendant driven the said car under the influence of alcohol content of 0.195% in blood around 02:03, while driving the said car, and driving the four-lane road in front of Seo-gu Incheon Metropolitan City along the two-lanes from the high-speed bank of the king-gu, Incheon, to the 20km intersection, and changed the lane to the one-lane.

The Defendant, while driving the said car in a state where it is difficult to drive the car normally due to influence of drinking such as a remote distance, etc., the Defendant suffered from the injury of the victim D and F (24 years) who was taking part in the right side of the said car on the left side side of the said car at the time when driving the car of the victim D(25 years) while driving the car at the time according to one lane. The Defendant suffered from the injury of the victim F (25 years old) who was taking part in the said car at the victim D and F (24 years old) for about two weeks in need of medical treatment, such as the catum cat and tension, etc., and the victim G (25 years old), for about two weeks in need of medical treatment.

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. The Defendant violated the Road Traffic Act (drinking) driven a car with alcohol content of 0.195% at the border of 0.195% during the influence of alcohol during the day specified in paragraph (1) and proceeded with a section of approximately 60 meters from the front of the Jeju Seo-gu water-charge, which is located according to the Seo-gu in Incheon, Seo-gu water, but from the front of the Jeju water-charge, to the front road of the daily gas charging station in accordance with the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, H, and I;

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

1. A report on the circumstances of the driver at home;

1. A survey report on actual conditions;

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 (in the case of risk driving) as to the crime under the corresponding provision of the Act.

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