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(영문) 서울서부지방법원 2020.02.20 2019고단4104

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of KRW 10 million.

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

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 a person engaging in driving a B SP car.

On October 30, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.132% 0.132% around 03:26 on October 30, 2019, and led the distribution bridge of the three-lane Do in Yongsan-gu Seoul Metropolitan City, Yongsan-gu, to the south of the north by about 60km from the northwest.

On the other hand, there was an intersection where signal lights are installed at the front door, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front door and left door by reducing the speed to those engaged in driving of the motor vehicle, and to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in proceeding without reducing speed, and the part of the three cargo vehicles of the victim C(64 years old) driving in the atmosphere of the right-hand turn signals in front of the defendant's running direction, and received the three cargo parts in front of the above passenger vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as climatic salt, which requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a B SP car while under the influence of alcohol leveling 0.132% from the section of about 10km to the place set forth in paragraph (1) of this Article from the front of the red-in zone located in Mapo-gu Seoul, Mapo-gu to the red-in zone.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of the employee;

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, Article 148-2 (3) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning criminal facts, the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, etc.