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(영문) 서울서부지방법원 2020.11.17 2020고단3090
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 18 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a passenger car B.

On June 29, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.150% 0.150% around 23:3 on June 29, 2020, and led to the operation of the said car along the direction of the road in the direction of the center of Mapo-gu Seoul Metropolitan City, along with the Sungsan River in the direction of the center of North Korea.

The driver of any motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and shall drive the motor vehicle well by checking the front side, the left side, and the well, and have the duty of care to pass along the right side from the center of the road (in a place where the central line is installed, referring to the central line thereof).

Nevertheless, the Defendant, while neglecting this and driving at a roadside while under the influence of alcohol, conflict with the driver's Da G90 driving of the victim C (Nam, 57 years old) who was driving along one lane in the direction of the south side from the north side with the center line of the center line.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as the first half water bar and the second half water bar to the left-hand side in need of treatment for about six weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a vehicle B with the alcohol level of 0.150% under the influence of alcohol level at approximately 1.6 km from the Seoul Yeongdeungpo-gu and the F parking lot to the sexual mountain zone located in the Dongwon-dong Seoul Mapo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Investigation report (Submission of a diagnosis report by a victim), investigation report (Submission of a photograph of the scene of the accident);

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