beta
(영문) 서울북부지방법원 2020.09.17 2020고단1129

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[criminal power] On November 10, 201, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act, and KRW 3 million by the same court on November 16, 2012.

【Criminal Facts】

The defendant is a person who is engaged in driving a B car.

On January 28, 2020, the Defendant driven the said car while under the influence of alcohol of 0.154% with blood alcohol concentration around 20:53, and stopped the intersection of the training ground for the residents of Gangnam-gu, Seoul at the port of Gangnam-gu to the intersection of the training ground for the residents of Gangnam-gu, Seoul, along the three-lanes from the intersection of the training ground for the residents of Gangnam-gu to the intersection of the 2nd parallel between the 3-lanes in the direction of the Gangwon-gu fire station.

At all times, since the DNA accelerator car driven by the victim C(33 years old) was stopped in the signal atmosphere, there was a duty of care to accurately operate the brake system and safely maintain the distance from the front vehicle.

Nevertheless, the Defendant neglected to drive a car in a state where normal driving is difficult due to influence of drinking, and neglected to do so, caused the injury to the victim C and the victim E (hereinafter 26 years old) who took over the back part of the above accelerator car as the part of the front part of the above accelerator car, and suffered from the injury, such as the chill, tension, etc., for about two weeks of medical treatment.

Summary of Evidence

1. Each written diagnosis of the Defendant’s legal statement C, each written investigation of the occurrence of a traffic accident conducted by E, each report on the occurrence of a traffic accident, each report on the occurrence of a traffic accident, bbbbbbbb and video CD driver’s overall statement, investigation report, and each written diagnosis of the main driver’s status report;

1. Previous records: Criminal records, inquiry reports, investigation reports (three-time drinking driving), previous records, and the application of Acts and subordinate statutes;

1. The pertinent Act on the Aggravated Punishment, etc. of Specific Crimes (Act No. 16922, Feb. 4, 2020) regarding criminal facts under the relevant Act.