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(영문) 서울서부지방법원 2020.10.29 2020고단2231

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. A person who is engaged in the business of driving a motor vehicle B with the single mother line in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

At around 10:40 on May 30, 2020, the Defendant, while under the influence of alcohol of 0.161% of blood alcohol concentration, continued to drive at a speed that is impossible to identify the road of one lane in front of Mapo-gu Seoul Metropolitan Government C from the mouth of the river basin to the epode air.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents in advance by accurately manipulating the front side and the left side and the left side, and accurately manipulating the steering wheel and brake system.

Nevertheless, the Defendant neglected this and neglected to drive the brakes under the influence of alcohol, such as a red and a string distance, and caused the negligence that the brakes were not accurately operated, and caused the victim D(33 years old) who was standing in the signal atmosphere from the front direction of the Defendant’s proceeding to the front part of the maFa patrol car of the victim D(33 years old) who was standing in the signal atmosphere.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the said victim to suffer bodily injury, such as salt, tension, etc., of the trend requiring a medical treatment for about two weeks, and the victim F (the age of 47) who was on board the head of the damaged patrol vehicle, to suffer bodily injury, such as salt, tension, etc., of the trend requiring a medical treatment for about one week.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant at the speed of approximately 2.9 km from the upstream of Mapo-gu Seoul Metropolitan Area to the front road of the same Gu in the direction of approximately 0.161% of alcohol level.

Summary of Evidence

1. As to the defendant's legal statement, a copy of the investigation report (the report on the status of the driver with the main driver) shall apply to the law.