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(영문) 서울북부지방법원 2020.10.08 2020고단1701
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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 (Death or Injury caused by Dangerous Driving) is a person engaged in driving a B car;

On April 11, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.243% 0.243% while under the influence of alcohol around 23:35 on April 11, 2020, and proceeded one lane in front of the Seoul Special Metropolitan City Nowon-gu apartment commercial building from the apartment side to the E-university.

A person who is engaged in driving of motor vehicles has a duty of care to safely proceed by accurately operating, steering, and brakes, all sides and sides of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the right-time of the front-time drive while making it difficult for the Defendant to drive in a normal manner, and was driven by the victim F.(59 years of age) who was driven by the victim F.(59 years of age) to make a right-hand drive on the front-time drive of the Defendant.

The Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. Around that time, the Defendant was driving the said car under the influence of alcohol concentration of 0.243% from the D apartment parking lot in Seoul Special Metropolitan City, Nowon-gu to the above accident site.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation into the occurrence of a traffic accident by F, stating the statement, and a report on the investigation into the situation of the driver concerned;

1. Application of Acts and subordinate statutes to a medical certificate, a request for appraisal, an inquiry of the results of the regulation of drinking and driving (41 pages);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) concerning criminal facts, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Articles 148-2 (3) 1 and 44 (1)

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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