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(영문) 서울서부지방법원 2020.06.16 2020고단73
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 20 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 automobiles B;

At around 06:50 on December 10, 2019, the Defendant driven the said car while under the influence of alcohol 0.173% of blood alcohol level, and directed the front road of Eunpyeong-gu Seoul Metropolitan Government in the direction of the Gusan Station in the direction of the D Station, two-lanes.

At the time, there were many vehicles passing through the road at night, so in such a case, there was a duty of care to operate safely by accurately operating the steering direction and operating the steering system in a way that well sees the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant, while changing the two lanes from the two lanes to the three-lanes, found the F rocketing car driven by the victim E (the 30-year-old) who was straight along the said three-lanes on the said road late later, and received the back part of the said rocketing car as the right part of the said rocketing car.

After all, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc. in a state where approximately two weeks of treatment is needed for the victim.

2. The Defendant violated the Road Traffic Act (driving) at a time and time, as set forth in paragraph (1) of this Article, driven a vehicle B with low alcohol level of about 300 meters at the front of Eunpyeong-gu Seoul Metropolitan Government D Station at the same time while under the influence of alcohol level of about 0.173%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A traffic accident report;

1. Making a report on the control of drinking driving;

1. Investigation reports (report on the circumstances of the driver), investigation reports (examination of the application of the Tramark), investigation reports (verification of the medical certificate), investigation reports (verification of the victim's black images), and the application of Acts and subordinate statutes to the Act and subordinate statutes;

1. Relevant Article of the Criminal Act and the aggravated punishment, etc. of specific crimes selected.

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