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(영문) 서울서부지방법원 2018.12.13 2018고단3439

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 06:41 September 14, 2018, the Defendant driven a F rocketing car under the influence of alcohol content of at least 0.235% in a section of about 200 meters from the roads of Eunpyeong-gu Seoul Metropolitan Government B B from the roads of the same Gu to the roads of E store in the same Gu.

2. The Defendant is a person who is engaged in driving a Frocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 14, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.235% among blood transfusions on September 14, 2018, and continued to drive the said car along the third-lane road prior to the E store in Eunpyeong-gu Seoul Metropolitan Government E store with the third-lane distance from the new side of the new intersection.

Since there are vehicles waiting for signal at the front door, there was a duty of care to prevent accidents by properly manipulating the steering gear and operating the steering system in a way that the driver of the vehicle well sees the front door and the left and right of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not look well at the front door, and was negligent in driving the victim G(57 tax) who stops in the front door of the signal signal in the signal atmosphere, and received the back part of the H urban bus that was driven by the Defendant as the front part of the passenger car of the Defendant.

As a result, the Defendant, while driving a car in a state where normal driving is difficult due to the influence of drinking, was driving the car with the above occupational negligence, resulting in the Defendant’s injury, such as salt, tension, etc. of the trend requiring approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A copy of the statement made under the circumstances of the driver at home, and a copy of the investigation report (the situation report of the driver at home);

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 as to the crime and Articles 148-2 (2) 1 and 44 of the Road Traffic Act.