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(영문) 서울중앙지방법원 2018.06.15 2018고단2418

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

The defendant is engaged in driving BMW vehicles.

1. On March 9, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said vehicle while under the influence of alcohol concentration of 0.166% in blood transfusion on March 9, 2018, while driving the said vehicle and driving the front road of Gwanak-gu in Seoul Special Metropolitan City along three-lanes in the Seoul front of the road with the Seoul front door gate as the Seoul front door gate. The vehicle was changed to two-lanes.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by reporting the traffic situation on the front and rear side and securing a safe distance.

Nevertheless, the Defendant neglected this and led the Defendant to the front part of the Defendant’s vehicle in front of the instant vehicle, which was driving in the front section by negligence due to influence of drinking.

As a result, the Defendant suffered injury to the victim by negligence in the course of business, such as salt, tension, etc. of the bones of wood that requires approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven B vehicles from G stations located in the Gwanak-gu Seoul Special Metropolitan City F to the same front road of about 700 meters from G stations in Seoul Special Metropolitan City to the same Gu while under the influence of alcohol content of 0.166% during the day-to-day alcohol as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (1) (1)

1. A written statement on the occurrence of a traffic accident (D);

1. A report on the record of drinking alcohol measurement, a report on the situation of the driver involved in driving, and an investigation report (a report on the situation of the driver involved in driving);

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 and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Attraction of a workhouse;