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(영문) 서울남부지방법원 2018.05.24 2018고단1748
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. On March 21, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven a B-hand car under the influence of alcohol concentration of 0.205% among blood transfusion on March 21, 2018, and proceeded at a speed below the speed of time, depending on one-lane between two-lanes in the direction of the G-dong Hospital in front of Yangcheon-gu Seoul Metropolitan City, at the seat of the hotel in the direction of the G-dong Hospital.

In such cases, a person who drives a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents by safely driving the motor vehicle, such as making a good report on the traffic situation, accurately manipulating the steering gear, etc.

Nevertheless, by negligence, the defendant neglected to stop in the same direction, and tried to see the part behind the E-benz passenger car driven by the victim D(41) who was under a stop in the same direction as the front part of the vehicle of the defendant.

As a result, the Defendant suffered, by negligence, the injury to the victim, such as salt, tension, etc. of the bones of neck, which requires a stable medical treatment for about three weeks, and the victim F, who was aboard the top of the above vehicle, with injury, such as salt, tension, etc. in need of a stable medical treatment for about three weeks.

2. The Defendant was under the influence of alcohol leveling 0.205% during blood, as described in paragraph 1, driving the said vehicle at a distance of about 1 km from the roads near Gangseo-gu Seoul Metropolitan Government G Station to the roads front of Yangcheon-gu Seoul Metropolitan Government, while driving the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident prepared by D or F;

1. A traffic accident report;

1. A report on the circumstances of driving at home and a report on the detection of a driver at home;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by the driving of each danger) and Article 148-2 of the Road Traffic Act concerning the crime.

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