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(영문) 서울남부지방법원 2017.04.14 2017고정437

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle Benz S350D in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On December 21, 2016, the Defendant driven the above car at around 22:05, and driven the road of four-lanes in front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, along the road, from the shooting distance in the digital short area to the city-interest IC at an indefinite speed.

At the time, since it is at night, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by thoroughly performing the duty of full-time care.

Nevertheless, the Defendant, while under the influence of alcohol content 0.129% in blood, driven a motor vehicle on the front side of the same lane due to the driver's string of the motor vehicle at the same lane due to the driver's string of the motor vehicle at the same vehicle due to the driver's string of the motor vehicle, shocked into the front part of the motor vehicle.

As a result, the Defendant suffered from the victim F (V, 45 years old) who was on board the said taxi due to the above occupational negligence on the part of the Defendant, the injury of climatic salt, etc., which requires treatment for about 10 days, and the injury of climatic salt, etc., which requires treatment for about 13 days to the victim G (V, 49 years old).

2. On the same date and time as paragraph 1, the Defendant driven the said benz S350d car under the influence of alcohol concentration of approximately 640 meters from the 640-meter section from the side of the public parking lot adjacent to the digital storage area, Guro-gu, Seoul, to the site of the accident as set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident in D, F and G;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes to accident scene and vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.