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(영문) 서울서부지방법원 2019.06.04 2019고단1055
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. Around 05:00 on February 17, 2019, the Defendant was under the influence of alcohol by 0.119% on blood alcohol concentration, and the Defendant was driving B-wing three cargo vehicles from the vicinity of Mapo-gu Seoul Metropolitan Government to the upper ambling distance at approximately 2km from the 2km section of Mapo-gu to the ambamba-dong in Mapo-gu.

2. On February 17, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven three-lane freight vehicles listed in paragraph (1) with a blood alcohol concentration of 0.119%, while under the influence of alcohol around 05:0 on February 17, 2019, and continued two-lanes from the face of the Cambamba-dong in Mapo-gu Seoul to the face of the Cambast.

In a situation where normal driving is difficult due to the influence of alcohol, it shall not be allowed to drive a motor vehicle under the influence of alcohol, but it is a new wall at the time, and there is a motor vehicle under the stop due to the signal signal at the front door, so in such a case, the person engaged in driving the motor vehicle has a duty of care to safely operate the steering gear and the steering gear.

Nevertheless, the Defendant, while driving under the influence of alcohol while neglecting this, was negligent in failing to properly operate the brake system, and was driven by the victim C (the 60-year-old) who was waiting in the same lane on the same lane, and was driven by the victim C(the 60-year-old).

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of medical treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of a traffic accident;

1. Investigation report on the actual condition of traffic accidents, report on the results of the control of drinking driving, and report on the actual state of drinking drivers;

1. Investigation reports (related to the application of the Tramark);

1. A medical certificate (C);

1. Vehicle photographs, damaged vehicle booms image images, Act No. 1.

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