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(영문) 서울동부지방법원 2020.09.22 2020고단1708

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

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 engaged in driving B K3 automobiles

On April 15, 2020, the Defendant driven the said car while under the influence of alcohol of 0.156% of blood alcohol level around 21:50, and continued to drive the said car, as the Seoul Special Metropolitan City Gwangjin-gu Incheon Special Metropolitan City Ordinance, with the speed of 837 (Squaredong-dong) North Korea's exit and exit.

At this point, there was a duty of care to prevent in advance the accidents that see the foregoing vehicles, such as reducing speed and thoroughly manipulating the steering direction and brake system under the influence of alcohol to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected it, was influence of snow, and was influence of snow, and the part of the back part of the victim C (Nam, 25 years old) driving DSS6 car driven in the front direction of the defendant's driving due to the occupational negligence that was driven while normal driving is difficult due to influence of drinking, such as influence and walking.

As a result, 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 to the victim E (V, 25 years of age) who was accompanied by the victim C and the above damaged vehicle for about two weeks, such as salt, tension, etc.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1), driving a vehicle as set forth in paragraph (1) while under the influence of alcohol 0.156% in the section of about 5km from around the Newcheon Station of Songpa-gu to the place set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of fact-finding survey report and notification of the control of drinking driving results;

1. Written estimate of each written diagnosis;

1. Application of the Acts and subordinate statutes of the CDs and video materials.