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(영문) 서울동부지방법원 2018.11.08 2018고단2877
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal history] On October 31, 2006, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving in Drinking) in support of the Sungnam branch of Suwon Friwon.

[Criminal facts] The Defendant is a person who is engaged in driving a car in BSP area.

1. On August 6, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol with a 0.171% alcohol concentration from blood transfusion around 16:50 on August 6, 2018, and the Defendant continued one lane at an insular speed depending on the side of the road located in the front of Songpa-gu Seoul Metropolitan City C with a four-lane road located in the front of Songpa-gu, Seoul.

At the time, the Defendant, under the influence of alcohol, was in an inaccurate and broad state of walk, and the walk was in a state of non-distance and snow impulse, so in such a case, a person engaged in driving of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and there was a duty of care to prevent accidents by driving the motor vehicle in advance by driving the motor vehicle in a safe manner.

Nevertheless, under the influence of alcohol, the Defendant was under the front part of the car driving by the Defendant, which was driven by the victim D(W, 37 years old) who was under the influence of signal waiting at the front of the traffic signal system due to negligence that did not operate the brake system properly.

As a result, the Defendant, while driving a car in a state where normal driving is difficult due to the influence of drinking, was driving the car in the above SP and suffered injury to the victim by driving the car for about two weeks.

2. On the day and day from the day specified in paragraph 1, the Defendant was driving a motor vehicle in the above Swiss area under the influence of alcohol content of about 0.171% from the 5km section from the front of the Godong-dong, Gangdong-gu, Seoul to the front road of Songpa-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident inspection report, a traffic accident scene map, and a driver at the main place;

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