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(영문) 서울서부지방법원 2018.11.01 2018고단2667
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of B New Zealand or a car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On July 9, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.223% during blood transfusions on July 23:30, 2018, and led to two-lanes in the direction of the Gusan basin in the direction of the year from the direction of the new letter to the three-lane roads in the front of Eunpyeong-gu Seoul Metropolitan Government.

At all times, signal apparatus was installed at the front and at night, and in such a case, there was a duty of care to properly manipulate the brake system and prevent accidents in advance when a vehicle stops due to a stop signal at the front.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the victim E (39 years old) who was in the atmosphere to the traffic signal. The Defendant received the rear panion of the said passenger vehicle in front of the said new Vietnam or the car.

As a result, the Defendant, while having difficulty in driving normally due to the influence of drinking, was driving the said new-beer or car due to the above occupational negligence, thereby suffering from the victim’s injury, such as light salt, which requires approximately two weeks of treatment.

2. On July 9, 2018, the Defendant was under the influence of alcohol content of 0.223% during blood transfusion on July 23:30, 2018, and driven B New B New B New B or a car from the roads adjacent to the claim heart hospital, which are located in 873 in the unification of Eunpyeong-gu Seoul, to the front of Eunpyeong-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Investigation report (report on the situation of the driver in charge) and report on the circumstances of the driver in charge;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment, etc.

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