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(영문) 서울서부지방법원 2019.11.21 2019고단3431

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of eight 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 BMW C650 SPRT.

At around 04:10 on May 11, 2019, the Defendant, while under the influence of alcohol at 0.179% of the blood alcohol level, driven the ebbane in the direction of the intersection in the direction of the new village, driven the ebbane in the direction of the intersection.

At the time, at night, the signal was installed, and the location was the intersection where the signal was installed, and in the front direction of the defendant, the red signal was displayed on the front direction of the defendant, so in such a case, there was a duty of care for the person engaged in the Ototoba driving to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and negligently driven in violation of the signal while driving the breath in the upper water area by the negligence of driving the breath of the D cab driving in accordance with the new code in the direction of the breath in the upper water area, and received the front part of the D cab driving by the Defendant.

Ultimately, as seen above, the Defendant suffered bodily injury, such as salt, tension, etc. in a breathal boom which requires approximately two-day medical treatment to the victim E (the age of 27) who was on board the said taxi while driving the said taxi under the influence of alcohol, and driven a motor vehicle under the influence of alcohol level 0.179%.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. Traffic accident report, actual condition survey report, circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Each investigation report (the confirmation of the image of the damaged vehicle, the statement of the victim, the confirmation of the suspect's violation of signal signals, the victim's 3) E, the submission of a written diagnosis by the National Institute of Scientific and Investigative Research, and the submission of

1. Application of Acts and subordinate statutes to photographs of damaged condition of vehicles, and damaged condition of vehicles;

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.