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(영문) 서울북부지방법원 2019.09.26 2019고정931

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B knife vehicle.

1. On April 10, 2019, the Defendant: (a) driven a fluoring vehicle under the influence of alcohol by 0.192% at the section of approximately 300 meters from the 300-meter distance from the fluoral and in the vicinity of the fluorial Zone located in the Seoul Metropolitan Government, the Defendant driven the fluoring vehicle under the influence of alcohol by 0.192%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to drive the above passenger-way road in front of the Seoul Southern-gu, Seoul, under the influence of alcohol as above, at the same time and at the same time, the two-lanes of the 4-lane distance from the slope of the ridge mountainous district, one of the two-lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check whether there is another motor vehicle in the process of driving the motor vehicle and to drive the motor vehicle safely if he/she intends to live well on the front side and right side of the motor vehicle.

Nevertheless, the Defendant neglected this and tried to change the lanes into three lanes without properly examining the left 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 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 interest of the victim D(30 years old)

As a result, the Defendant driven the above van while it is difficult to drive the car normally due to influence of drinking, and suffered from the injury of the fluoral salt in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident by D or F;

1. A survey report on the actual condition of a traffic accident and photographs of the accident site;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

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

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.