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(영문) 서울중앙지방법원 2018.06.29 2018고단2951
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 CK5 cars.

On March 13, 2018, the Defendant driven the said car under the influence of alcohol content of 0.116% in blood at around 07:10 on around 07:10, and proceeded four lanes of 1840,000 south-ro, Seoul Special Metropolitan City, south-ro, Seoul, into the intersection of the original elementary school at the boundary of the Seoul Southern-ro.

At the time, the victim D(n, 44) driving E-learning vehicles are in the atmosphere of signal at the frontline of the K5 passenger car, so the defendant engaged in driving motor vehicles had a duty of care to prevent traffic accidents by accurately manipulating the steering gear and operating the steering gear in a clear mental condition that is not under the influence of alcohol.

Nevertheless, the Defendant neglected this and neglected to drive a car under the influence of alcohol as seen above, which led to the failure of the Defendant to drive the vehicle under the influence of a normal driving, and caused the back part of the frighter of the frighted vehicle to the front part of the frighter for the k5 passenger vehicle.

As a result, the Defendant suffered injury to the victim, such as fluoral salt fluor, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant’s legal statement

1. A written statement on the occurrence of D traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Selection of each fine, in consideration of the relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the crime or agreement during the period of suspension of execution, and the records of the same crime, etc.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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