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(영문) 서울중앙지방법원 2016.11.09 2016고단6412

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

1. On July 24, 2016, the Defendant was under the influence of alcohol at around 04:35, the Defendant driven BMW car at the 8km section from the front side of the Seoul Seocho-gu Seoul Seocho-gu, Gangnam-gu, Seoul, to the front side of the Samsungnam-gu, 107-ro, in a state of alcohol concentration of 0.126%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) operated BMW car at the date and time set forth in paragraph 1, and transferred the road front of Samsung Station 5, as it is in Gangnam-gu Seoul Metropolitan City, to the erox eropy from the erox erop to the erop

Since it is at night, the defendant who drives a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving it, such as accurately manipulating the steering direction and brakes by checking the traffic situation on the front side.

Nevertheless, the Defendant neglected this and proceeded in a state where normal driving is difficult due to influence of drinking, and caused the injury to the victim, such as hump, tensions, and tensions, which require approximately two weeks of treatment, by shocking the back part of the vehicle driving by the victim C driving in front of the same direction.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident prepared by C and E;

1. A traffic accident report;

1. Photographs of an accident vehicle;

1. Report on the circumstantial statement of a drinking driver, report on detection of a drinking driver, and taking measures for drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

1. The degree of injury suffered by a victim who choose each alternative fine for punishment is relatively minor, and the defendant is the primary offender;