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(영문) 서울서부지방법원 2018.04.05 2017고단3906

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

1. On November 6, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving a body car B with alcohol concentration of 0.189% under the influence of alcohol during blood on November 22:41, 2017, and led the Defendant to drive a two-lane road of 4 lanes in front of Yongsan-gu Seoul Metropolitan City along the Hannam-do distance from the front side of the Hannam-do.

At the time, it was difficult to view at night, and at the front of the defendant, the victim D(61) driver was in progress, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to properly manipulate the brakes and prevent accidents by properly manipulating the brakes.

Nevertheless, the Defendant, while under the influence of alcohol, did not properly examine the right and the right and the right and the right and the right are changed from the above three lanes to the two lanes, and the Defendant passed ahead of the above taxi.

In the future of the above taxi, the part on the left side of the passenger car of the defendant was shocked by the negligence of the above taxi.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in injury to the victim, such as dump of the horse in need of treatment for about two weeks.

2. Around November 22:41, 2017, the Defendant driven a bro-car under the influence of alcohol leveling 0.189% from the 4km section around the Gangseo-gu Seoul Metropolitan Government Han River to the 3rd Road in Yongsan-gu, Yongsan-gu, Seoul, while under the influence of alcohol leveling from around 228-1 to about 4km.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (a report on the circumstances of the driver at the

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime (abreath of alcohol)