(영문) 서울서부지방법원 2018.11.29 2018고정749

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(영문) 서울서부지방법원 2018.11.29 2018고정749

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On May 25, 2018, the Defendant driven the said car under the influence of alcohol level of 0.116% in the blood alcohol level at the king apartment intersection in Seodaemun-gu Seoul, Seoul, 392 due to the unification of Seodaemun-gu, Seoul around May 25, 2018, and moved to the right bypassing it from the independent room.

At the time, there are nights and vehicles waiting for signal at front of the defendant's direction, so in such a case, there was a duty of care to see the right and the right and the right and the right and the right and the right and duty of care to accurately operate and safely proceed with the steering gear and the brakes.

Nevertheless, the Defendant neglected to drive a motor vehicle on the front left side of the motor vehicle operated by the Defendant, due to influence of drinking, and failed to accurately operate the brake system, led the Defendant to a signal on the front side of the driving direction of the Defendant, while waiting for the signal at the front side of the motor vehicle operated by the Defendant C(42 years).

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the said victim C, such as a multi-pact salt, salvine, etc., which requires a two-day medical treatment, and driven the same as the above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes to file a report on internal investigation (Attachment to data submitted by victims);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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