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(영문) 서울중앙지방법원 2017.10.12 2017고단6047

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a Bran vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 23, 2017, the Defendant driven the said car under the influence of alcohol content of 0.142% during blood transfusion on July 23, 2017, while normal driving is difficult due to the influence of alcohol level 0.142%, and led the Defendant to drive five-lanes of six-lanes among the six-lane roads in the front of Gangnam-gu C.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a difficult condition while under the influence of alcohol, and there was a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation in the front line and accurately manipulating steering devices, etc.

Nevertheless, the defendant's negligence of neglecting the influence of alcohol and led to the failure of the victim D (57) to proceed as it is, and caused the panion of the vehicle following the E-high pller vehicle driven by the victim D (57).

After all, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered damage to the victim, which requires approximately two weeks of medical treatment.

2. Around 00:50 on July 23, 2017, the Defendant driven B-low-low-income vehicle under the influence of alcohol with approximately 0.142% alcohol concentration from the subway 2knife station in Gangnam-gu, Seoul to the front road in Gangnam-gu, Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. The application of Acts and subordinate statutes to the survey report on the actual condition of traffic accidents, the notification of the results of the control of drinking driving, the making of tea, the medical certificate, the accident vehicle, and the photograph of damaged vehicles

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 (2) 2 and 48 (1) of the Road Traffic Act, and Article 48-2 (2) of the Road Traffic Act shall apply.