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(영문) 서울중앙지방법원 2018.12.19 2018고단6877
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. The Defendant is a person who is engaged in driving a BMW X4 car.

On October 6, 2018, around 08:30 on October 6, 2018, the Defendant driven BM car while under the influence of alcohol content of about 0.11% in blood at approximately 1km from the roads adjacent to the active history distance in Gangnam-gu Seoul Metropolitan Government Seo-dong (Seoul) to the front road in Gangnam-gu Seoul.

2. On October 6, 2018, the Defendant driving a BM car under the influence of alcohol concentration of 0.111% in blood around 08:30 on October 6, 2018, and proceeded two lanes of the BM road in Gangnam-gu Seoul, Gangnam-gu, Seoul, at the speed of the distance of the hospital located on the distance of the next hospital.

At that time, the vehicle was parked in the vehicle while driving the vehicle. In such a case, the driver has a duty of care to take into account the operation status, etc. of the vehicle, other than the front bank and surrounding traffic conditions, to accurately operate the steering and brake system, to maintain the distance between the vehicle and to safely drive the vehicle, and to prevent the accident from spreading.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the victim D(20) driving, which was proceeding two lanes in the same direction due to the negligence of failing to properly examine the situation of the front and the traffic, and received two-lanes from the victim D(20) driving to the front part of the BMW car.

Ultimately, the Defendant driven the BMW car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered the victim D’s dump and tension injury, which requires approximately 2 weeks of medical treatment, and the victim F, who is the passenger, suffered approximately 2 weeks of cump and tension respectively.

Summary of Evidence

1. Defendant’s legal statement

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

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant provisions of the Act concerning facts constituting an offense;

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