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(영문) 서울남부지방법원 2018.10.11 2018고단4023

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. Around July 28, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a car with four-lane roads in front of Gangseo-gu Seoul Metropolitan Government B in the influence of alcohol level of 0.134% in blood while driving the car, thereby driving the C Costaex car at a speed of about 30 km per hour depending on the two-lanes from the shooting distance of Yangcheon-do Confucian School with two-lanes.

In such cases, a driver of a motor vehicle has a duty of care to take the front side and left side well and to properly manipulate the steering and brakes so that he/she has a duty of care to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the Defendant was under the influence of the victim D (59) who was standing in the signal atmosphere in front of the Defendant, and the part behind the E-taxon, which was driven by the Defendant, was under the front part of the Defendant’s vehicle.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as salt pans, tensions, etc., in need of a two-day medical treatment, and suffered injury to the victim F, who is the passenger of the said taxi (the victim F, who is the passenger of the said taxi (the victim 25 years old), for about two-day medical treatment.

2. The Defendant, at the same time and place as above, driven Cystex motor vehicle under the influence of alcohol level of 0.134% during blood at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A traffic accident report;

1. An accident scene photograph;

1. Reports and investigation reports on the detection of drivers engaged in the primary business (report on the situation of the drivers engaged in the primary business);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by each dangerous driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;