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(영문) 서울중앙지방법원 2017.03.24 2017고정18
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

1. On November 6, 2016, the Defendant was under the influence of alcohol concentration of 0.109% in blood around 04:10, the Defendant driven a Bnicoo-min car at the 5km section from the front of the main line of the trade name in Songpa-gu Seoul, Songpa-gu, Seoul to the front of the 1-4 km road in Gwangjin-gu, Seoul.

2. The Defendant is a person engaged in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

Defendant 1 driven the above car at the time of the day set forth in the above paragraph 1, and proceeded from the locked to the gate of the Seoul Gangnam-gu Seoul Metropolitan Government, as the Olympic Games located in front of the Gangnam-gu Seoul Metropolitan Government, at a non-speed speed of the five-lanes, and changed the lane into two-lanes.

At the time of night, a person engaged in driving of a motor vehicle has a duty of care to operate a motor vehicle safely by accurately operating the steering gear, steering gear, and brake system.

Nevertheless, the Defendant neglected to do so, while driving in the state of alcohol 0.109% while under the influence of alcohol while driving, and when driving in a way that is difficult to drive in a normal manner, such as a sub-road during walking, the Defendant inevitably changed the course to two-lanes. On the left side of the said U.S. U.S. passenger vehicle, the Defendant received a part of the E-U.S. passenger vehicle driving in the front part of the right side of the said U.S. passenger vehicle, followed the said victim by taking the part back of the E-U.S. passenger vehicle and then suffered the said victim on the finite base that requires approximately two weeks medical treatment.

Accordingly, the defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking or drugs, thereby causing the injury of people.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report, a traffic accident situation report, a statement on the circumstances of the driver at the main driver, and a report on the detection of the driver at the main driver;

1. The mark of the measurement of drinking alcohol, vehicle photograph, investigation report, and hospital diagnosis;

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