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(영문) 서울서부지방법원 2018.05.24 2018고단799
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 golf GTD car.

On February 25, 2018, the Defendant driven the above vehicle under the influence of alcohol level of 0.102% during alcohol level in the blood transfusion around 22:35, and driven the front road of Yongsan-gu Seoul Metropolitan Government along the intersection of the site to the south of North Korea at the intersection of the site of the two-lanes between the two-lanes.

At the time, there was a duty of care to see the front side and accurately operate the steering gear and the brake system and to proceed safely because the driver was at night and there was a vehicle waiting for signal on the front side of the defendant's moving direction.

Nevertheless, the Defendant neglected to drive in the front time in a state where normal driving is difficult due to influence of drinking, failed to properly operate the brakes, and waited for the signal on the front direction of the Defendant’s driving due to negligence, and was driven by the victim D(33 ) who was under a stop, the part on the back end of the car 520d driving of the Defendant’s driving.

As a result, the Defendant, while driving a motor vehicle under the influence of alcohol that is difficult to drive normally, suffered injury, such as cathere, tension, tension, etc., from the victim F, who was on board the said victim D and D, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the actual survey report, the main driver detection report, the medical certificate (D), the medical certificate (F), and the CD-related Acts and subordinate statutes;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each selective fine for punishment (the first offender, the degree of damage, and the victims).

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