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(영문) 서울동부지방법원 2016.11.17 2016고단3182

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who is engaged in driving a B liquid sports cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)

On July 15, 2016, the Defendant driven the above cargo vehicle under the influence of alcohol concentration of 0.111% at the river-based public parking lot located in Seongdong-gu Seoul Metropolitan Government 47-7, Seongdong-gu, and proceeded to the exit of the above parking lot.

In such cases, there was a duty of care to prevent accidents by safely driving a motor vehicle, such as putting a person engaged in driving a motor vehicle on the front side and right side, and accurately operating the steering and brake system.

Nevertheless, the Defendant neglected this and neglected to drive the above cargo vehicle in an inaccurate manner with the influence of drinking as above. The Defendant was able to drive the above cargo vehicle without any delay with the walk-out and walk-out of snow, and with the walk-out of snow to the point above, while stopping the vehicle at the exit of the parking lot located on the front direction of the Defendant, and received the back portion of the victim CMF5 vehicle in front of the Defendant’s cargo vehicle.

As a result, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, the Defendant suffered from the injury of the victim C and the victim E, who is the passenger of the victimized vehicle, by negligence in the above-mentioned business, for about two weeks in need of medical treatment.

2. The Defendant was driving a B eth-sports cargo vehicle under the influence of alcohol at approximately 20 meters alcohol level of 0.11% from a section of about 20 meters up to the entrance to the parking lot entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. The actual condition survey report, the report on detection of a master driver, the circumstantial statement of a master driver, the investigation report and the blood alcohol concentration in the report.