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(영문) 서울중앙지방법원 2020.10.22 2020고단5716

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5 vehicle B.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said vehicle under the influence of alcohol content of approximately 0.130% on July 18, 2020, while driving the said vehicle at a speed that would not be known from the surface of the D Elementary School to the surface of C apartment shooting distance.

At night, the accident location was near the intersection where signal, etc. was installed, and the vehicle driven by the victim E (n, 26 years old) was stopped according to the red signal. In such a case, there was a duty of care to prevent the accident in advance by driving safely, such as stopping the red signal according to the signals indicated by the signal, etc. on the driver.

Nevertheless, the Defendant neglected this and did not live well in front of the vehicle under the influence of alcohol and received the front part of the Defendant’s vehicle in front of the victim E-driving vehicle that was in front of the vehicle due to negligence, despite being a red signal.

Ultimately, the Defendant driven the above vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim E, such as chilled salt, tension, etc. in need of a two-day medical treatment, and suffered injury to the victim FF (ma, 29 years old) who was on the same vehicle for about two weeks, such as chilled salt, tension, etc.

2. Around July 18, 2020: (a) around 00:23, the Defendant driven B 5 vehicles while under the influence of alcohol with approximately 0.130% of alcohol concentration at the section of approximately 1.8 km from the Gangnam-gu Seoul Posco road to the roads near the same Gu C.

Summary of Evidence

1. Defendant’s legal statement E, and F’s statement of occurrence of each traffic accident;