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(영문) 서울남부지방법원 2020.07.21 2020고단864
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant, who is engaged in driving of BK5 automobiles on October 12, 2019, driven the said automobiles under the influence of alcohol concentration of 0.117% on blood alcohol around 22:40 on October 12, 2019, while driving the said automobiles and driving it in Gangseo-gu Seoul Metropolitan Government Geumwonro 26-ro 152-39, the Olympic Games in the direction of Kimpo-ro in the direction of Gapo-ro in the Gapo-ro.

In such cases, when it is feared that a person engaged in driving service will impede normal traffic of all vehicles running in the direction of the change, he/she shall not change the course, and he/she has a duty of care to safely change the lane in advance to prevent accidents.

Nevertheless, the Defendant failed to observe the above duty of care as a driving relationship while driving in a situation where normal driving is difficult due to influence of drinking, such as a little walk, and the walking condition is difficult, and due to the negligence, changed the course, the Defendant did not properly see the Dasch Rex vehicle of the victim C(61 years old) driving, which was proceeding on the same one lane in the same direction as that of the driver's seat, and did not fit the back part of the damaged vehicle with the part of the Defendant's driver's seat.

After all, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks, and suffered injury to E (39 years of age) who is the passenger of the damaged vehicle for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at a section of about 15 km from the parking lot of Seocho-gu Seoul FG Hospital in Seocho-gu to the Kimpo-si H, Kimpo-si, while under the influence of alcohol 0.17% of the blood alcohol concentration at the same time as the preceding paragraph.

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