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(영문) 서울서부지방법원 2019.01.10 2018고단3627

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the defendant.

At around 02:10 on October 6, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.160% of blood alcohol concentration, and driven the DNA hotel front road in Seodaemun-gu Seoul Metropolitan Government toward the F department store from the cafeteria to the F department store.

At the time, night and its place are where pedestrians pass through, so in such cases, the driver had the duty of care to safely drive after checking whether there are pedestrians by reducing the speed and properly examining the front left, while checking whether there are pedestrians.

Nevertheless, the Defendant did not discover the victim G (Woo, 28 years old) in the front section of the Defendant at the time of driving due to the influence of drinking, such as the separation of speech and behavior and the red change of the blood color, which is difficult to drive normally due to the influence of drinking, and received the victim as the front part of the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a B car under the influence of alcohol with a blood alcohol concentration of 0.160% from the section of approximately 100 meters from the section of approximately 100 meters from the section of Seodaemun-gu Seoul to the front road of Seodaemun-gu Seoul, Seodaemun-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), 2 (2);

1. The circumstantial statement of the employee;

1. Statement on the occurrence of G traffic accidents;

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 (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2 of the Road Traffic Act concerning criminal facts;