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(영문) 서울서부지방법원 2018.07.12 2018고단1188

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car BCCOR 2.4.

On February 28, 2018, the Defendant driven the above vehicle under the influence of alcohol content of 0.109 percent from blood, and proceeded two-lanes from the two-lanes on the Hegnwon Road in Mapo-gu Seoul Metropolitan Government, which are located in the Donggwon-dong, to the non-fluence of the two-lanes on the Ggwon Road in the Ggwon-dong of Mapo-gu.

At the time, there was a vehicle that was at night and is going on front of the defendant's moving direction.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by viewing the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not see the right and the right and the right on the front side of the vehicle in front of the Defendant’s driving of the victim C(MW car 35 years old) driving in the front side of the Defendant’s driving.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as dump dump, tension, etc. which requires a two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Investigative report, and inquiry into the results of crackdown on drinking driving;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is as follows.