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(영문) 서울서부지방법원 2018.11.08 2018고단2566

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. Around May 31, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) was driving the D News Twit-type car while under the influence of the three-lane roads prior to Mapo-gu Seoul Metropolitan Government Seoul Metropolitan Government c with alcohol content of 0.110% in blood, and was driving the D News Twit-type car at the right hill side along three-lanes.

At night and at all times, the victim E (39 years old) is driving a sports-for-sports car, so there was a duty of care to care for the person engaged in driving service by properly operating the steering gear and steering the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the operation of the operation system, and the latter part of the sports vehicle, which was in progress at the front of the foregoing news, was received as the front part of the vehicle in front of the said news.

As a result, the Defendant, while driving a car in the above news in a situation where normal driving is difficult due to influence of drinking, suffered injury, such as light dynasium, which requires approximately three weeks medical treatment to the victim.

2. Around 02:50 on May 31, 2018, the Defendant driven the said news T-type car under the influence of alcohol content of about 0.110% from the 10km section to the roads near the Seongbuk-gu Seoul Metropolitan Maamdong to the Seoul Mapo-gu roads.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. Application of Acts and subordinate statutes to the traffic accident report, report on the circumstances of the driver with the main driver, on-site photographs, and medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.