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(영문) 서울동부지방법원 2018.04.11 2017고단4180
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

The defendant is a person who is engaged in driving a KS7 car.

1. A defendant who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above car around 03:40 on December 3, 2017, and led to a three-lane speed of the road in front of Gwangjin-gu Seoul Special Metropolitan City, along the long distance protection of the Gu from the long distance protection area of the Gu.

In this case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents in advance by safely driving the motor vehicle in the vicinity, such as accurately operating the steering gear and operating the steering gear, etc., in order to prevent the person engaged in driving the motor vehicle from shocking the surrounding motor vehicle.

Nevertheless, the Defendant neglected to proceed as it is while under the influence of alcohol and neglected to do so, and received the victim’s back portion of the taxi due to the Defendant’s negligence in front of the passenger car.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as the influence of the chest gate that requires a two-day medical treatment to the victim.

2. On the day specified in paragraph 1, the Defendant driven the said K7 vehicle while under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.266% from the 10-meter section from the Do in the Dong-gu Seoul Special Metropolitan City, to the place of accident described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act shall apply, respectively;

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