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(영문) 서울중앙지방법원 2020.07.21 2020고단3179
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 13 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a B-Enurt Vehicle.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said vehicle under the influence of alcohol content of approximately 0.101% on February 25, 2020, while driving the said vehicle, and driving the said vehicle at a speed of approximately 20 km from the surface of the new forest shooting distance to the surface of the new road, which is about a speed of about 20 km.

At the time, it is a new wall and the place where the defendant was operated is near the intersection, so in such a case, there was a duty of care to prevent accidents in advance by reducing the speed and driving on the front side and the right and the right, and safely driving the vehicle safely.

Nevertheless, the Defendant neglected this and neglected his duty of care and neglected to drive normally due to influence of drinking, and by negligence led the victim D (Nam, 49 years old) who was driving on the left side from the right side of the vehicle driven by the Defendant, to the left side of the vehicle driven by the Defendant. The Defendant got the front part of the vehicle driven by the Defendant.

As a result, the Defendant caused the injury to the victim, such as the salt, tension, etc. of the straw that requires approximately two weeks of treatment, by negligence, while driving the said string vehicle under the influence of alcohol while normal operation is difficult.

2. Around 06:40 on February 25, 2020, the Defendant driven the said vehicle under the influence of alcohol content of approximately 0.101% at a section of approximately 300 meters from the road near Gwanak-gu in Seoul to the roads near Gwanak-gu in Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Results of viewing accident video CD reproduction;

1. Statement made to D by the police;

1. A traffic accident report (1), (2), accident-related photographs, site photographs, and estimates;

1. A medical certificate;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Criminal facts;

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