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(영문) 서울중앙지방법원 2020.06.11 2019고단8043
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving service of a BAD A6 car;

On October 28, 2019, the Defendant driven the above car on October 28, 2019, and led the Gwanak-gu Seoul Special Metropolitan City Seoul Special Metropolitan City roads to the south cycle road.

In such cases, there was a duty of care to live well on the front side and the left side, keep the lane well, and safely drive the vehicle to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along a two-lane while driving the vehicle at the same time, and due to negligence, the part on the right side of the back-hand part of the E-Mag Green City Village Bus driven by the victim D ( South and 31 years old) who had the signal atmosphere at the right side of the Defendant vehicle in the direction of running the vehicle.

As a result, the Defendant suffered injury to the victim, such as finite finites, in need of approximately two weeks of medical treatment by occupational negligence as above.

2. Around October 28, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) driven a B-A6 car while under the influence of alcohol of about 0.142% of alcohol concentration from the section of approximately 1km from the Gwanak-gu Seoul Special Metropolitan City to the roads in front of Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the 03:32.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of B ASEAN A6 car.

On October 28, 2019, the Defendant operated a vehicle A6 vehicle without mandatory insurance, as described in the foregoing paragraph 1, around 03:32.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning the maximum person;

1. A traffic accident report (1), (2);

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. A medical certificate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and the Criminal Act;

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