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(영문) 서울남부지방법원 2017.08.24 2017고정1230
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the B SP area.

On May 4, 2017, the Defendant driven the said car under the influence of alcohol level of 0.161% among blood transfusion around 07:40 on May 4, 2017, and led to the two-lanes of the two-lane roads near the intersection of the main road located in Yeongdeungpo-gu Seoul Metropolitan Government, along the inner tides from the breath section of the main road.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, etc. in a way that well sees the right and the right and the right and the right and the right and the right and duty of care.

Nevertheless, the Defendant neglected to drive under the influence of the above drinking and proceeded along the same lane as it is, due to the negligence of the Defendant’s negligence, he received the back portion of the victim’s DK3 vehicle’s right side of the said Switzerland as the left side portion of the said Switzerland car.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances concerning the driver at the main place of business (A);

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning the report of internal accidents (the above dmark);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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