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(영문) 서울서부지방법원 2020.11.19 2020고단2822
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driven by BK5 car on May 8, 2020 and the Defendant proceeded in accordance with three-lanes of the road in the direction of the red door tunnel, in a state under the influence of alcohol leveling 0.106% of alcohol level, while under the influence of alcohol leveling at 0.106% in red diver of Seodaemun-gu, Seoul.

There is a duty of care to check whether a person engaged in driving of a motor vehicle intends to change course in such cases, and when it is likely to impede the normal traffic of the motor vehicle on the next lane, the course shall not be changed, and when it is likely to obstruct the normal traffic of the motor vehicle, there was a duty of care to change the direction, etc. in advance and prevent accidents by safely changing the lane.

Nevertheless, the Defendant did not confirm the surrounding areas while driving a roadside while driving a motor vehicle, and did not change the course from the three-lane to the two-lanes, and the victim C (Nam, 38 years of age) who passed the two-lanes of the same direction in the case of the driver's vehicle operated by the victim C (Seoul, and 38 years of age) to the front part of the driver's vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. A violation of the Road Traffic Act (driving) set forth in paragraph (1) of this Article, the Defendant driven BK5 cars while under the influence of alcohol of about 0.106% in the section of about 44 meters of blood alcohol level on the front of the Gyeonggi Kimpo-si Gung-si Gungpo-si Gungpo-si 109, and from the Do in front of the Daepo-gu Gungpo-gu Gungpo-gu Gyeongpo-gu, Seoul, Seopo-gu, Seoul to the red circulation road of about 84k (red Dong-dong).

Summary of Evidence

1. The defendant's legal statement 1, C-.

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