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(영문) 서울서부지방법원 2018.06.12 2018고단912
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a B car with a specific car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On March 6, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 00:15,00% during blood, and led to turn to the left at one lane in the direction of Han River Middle School in the northwest of Yongsan-gu Seoul Metropolitan Government, at the six-lane roads in front of Yongsan-gu, Seoul.

At the time, the center line of the yellow-line line was installed at night and at that time, and the place was an intersection where the passage of vehicles was frequent, so the driver of the vehicle was responsible for the duty of care to reduce the speed to the person engaged in driving, to properly operate the brake and steering gear, to accurately operate the brake and steering gear, and to not drive the vehicle in a situation where normal driving is difficult due to influence of alcohol.

Nevertheless, the Defendant driven the above vehicle in a state where it is difficult for the Defendant to drive the vehicle in a normal condition due to drinking, and was driven by the victim D(W, 49 years old) waiting to walk the center line on the road. The front part of the Defendant’s vehicle was driven by the Eetta 1.6 years old TDI Bridge.

Ultimately, the Defendant driving the said vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim D, such as sprinking in the part of the neck that requires a two-day medical treatment for approximately two weeks, injury to the victim FF who is the passenger of the damaged vehicle, such as sprinking in the part of the string part of the string that requires a two-day medical treatment, and injury to the victim G (17 years old) of the same passenger, such as sprinking in the string part that requires a two-day medical treatment.

2. On March 6, 2018, the Defendant violated the Road Traffic Act (driving of alcohol) is under the influence of alcohol by around 00:15, the Defendant is under the influence of alcohol by at least 0.170% of alcohol content in a section of about 4.3km from around 101 in Seocho-gu Seoul, Seocho-gu to the roads in front of Yongsan-gu Seoul.

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