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(영문) 서울서부지방법원 2019.10.10 2019고단2773
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

On June 22, 2019, at around 03:00, the Defendant driven the said car while under the influence of alcohol of 0.122%, and led to a four-lane road in front of the Seoul Mapo-gu Seoul Mapo-gu Seoul building (excluding those for central bus stops) along a one-lane in the air-line area from the air-line bank.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to his/her name.

Nevertheless, the Defendant neglected to do so while drinking and proceeded with the vehicle signal while being red, and the part on the left side of the victim FF (the age of 61) driving G K5 personal taxi driving in the direction of E in the direction of E in the D elementary bank was collisioned with the front part of the above Aburged vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as brain, which requires medical treatment for about three weeks due to such occupational negligence.

2. Around 03:00 on June 22, 2019, the Defendant was driving a vehicle of 2 Apurburged from a place where it is impossible to find out 0.122% of blood alcohol concentration at a 0.12% under the influence of alcohol level, to the road front of the Seoul Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Building.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. A traffic accident report, a traffic accident report, a report on the occurrence of a traffic accident, an inquiry into the results of the control of drinking driving, and a report on the state of drinking drivers;

1. A criminal investigation report (Submission of a medical certificate for a victim);

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 (the point of injury caused by dangerous driving) and the Gu as to the crime.

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