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(영문) 서울서부지방법원 2019.06.04 2019고단1103

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving QM6 automobiles.

On March 9, 2019, at around 02:17, the Defendant driven the said car under the influence of alcohol of 0.182%, and led to a three-lane road in front of D in Eunpyeong-gu Seoul Metropolitan Government, according to one-lane in the direction of the end-distance distance from the remote distance of the Gu mountain basin.

At night and at the front time, there were vehicles stopping in the signal atmosphere, so in such cases, the driver of the vehicle had a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door, and accurately manipulating the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the instant QM6 car in front of the said QM6 car and received a part behind the victim E(53 years old) driving in front of the said car.

Ultimately, under the influence of alcohol, the Defendant suffered around two weeks of light chills, tensions, etc. from the victim due to the occupational negligence in need of medical treatment.

2. On March 9, 2019, the Defendant was under the influence of alcohol level of 0.182% at around 02:17, the Defendant driven B QM6 car at the section of about 500 meters from the 500 meters away from the roads near the flusium in Eunpyeong-gu Seoul Metropolitan Government to the front roads located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. The circumstantial statement of a drinking driver, the report on the control of drinking driving, the inquiry into the results of the crackdown, and the report on traffic accidents;

1. A report on investigation (Submission of a medical certificate);

1. Application of Acts and subordinate statutes to photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018).