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(영문) 서울서부지방법원 2019.08.21 2019고단1897
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 Bsch Rexroth car.

On June 1, 2019, the Defendant driven the said car under the influence of alcohol level of 0.119% on blood alcohol level at around 04:30 on June 1, 2019, and led to the driving of the said car in the direction D in the direction of D in the direction of blocking the front passage in Mapo-gu Seoul Metropolitan Government.

Since there is a lot of traffic of vehicles, there is a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system at a sufficient distance from the front in the case of a person engaged in driving.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive normally due to the influence of alcohol, such as a string and a red color, while neglecting this in a state where the Defendant was under the influence of alcohol, and was under the influence of the victim E (the age of 58) driving while driving on the frontline by negligence, and received the part of the Defendant’s vehicle back to the front part of the car.

As a result, the Defendant suffered from the injury of the fluoral salt in need of medical treatment for about two weeks due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking.

2. Around 04:30 on June 1, 2019, the Defendant was under the influence of alcohol by 0.119% on blood alcohol level, and the Defendant driven the fsch Rexroth car from the H public parking lot located in Mapo-gu Seoul Metropolitan Government to D fronter in Mapo-gu Seoul Metropolitan City to D fronter in Mapo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on traffic accidents and reports on the results of the control of drinking driving;

1. Application of the Act and subordinate statutes on video CDs for vehicles damaged by the accident scene, vehicles, identity cards of the victim vehicle, damaged vehicles, and motion pictures;

1. Relevant Article of the Criminal Act and the aggravated punishment, etc. of specific crimes selected.

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