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(영문) 서울중앙지방법원 2020.09.09 2020고단3296

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving vehicles B 1.0.

1. On February 20, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driving the said vehicle under the influence of alcohol content of approximately 0.145% on blood, and continued to proceed at a speed that cannot be known from D on the surface of the road near Gangnam-gu Seoul Metropolitan City due to the flow distance of the Henes hotel.

Since there was an access road near the road, there was a duty of care to prevent accidents in advance by safely entering the road after reducing speed to those engaged in driving of the motor vehicle, moving the road to the right and the right of the road, and changing the vehicle line safely after making a safe look into the surrounding traffic condition even after entering the road.

Nevertheless, the Defendant neglected this and entered the road when it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, and due to the sudden change of the vehicle due to the Defendant’s negligence, received the right side part of the rocketing vehicle driven by the victim E (ma, 62 years old) as it is.

In the end, the Defendant, while under the influence of alcohol, was negligent in driving his sprink 1.0 vehicle while driving the said sprink 1.0 vehicle, resulting in the Defendant’s injury to the victim, who driven the said sprink sprink 1.0 vehicle for about two weeks.

2. On February 20, 2020, the Defendant driven the said vehicle while under the influence of alcohol of approximately 0.145% of the blood alcohol concentration at the 4km section from the Gangnam-gu Seoul, to the roads near Gangnam-gu Seoul, Seoul, at around 10:28.28.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment for Specific Crimes;