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(영문) 서울남부지방법원 2017.12.11 2017고정1852
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a wing and freight vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 21, 2017, the Defendant driven the foregoing cargo vehicle under the influence of alcohol level of 0.224% among blood transfusion around 19:43 on July 21, 2017, and driven the three-lane road in front of Yeongdeungpo-gu Seoul Metropolitan City at a low speed of 1,2-lanes from the territorial sea of Yeongdeungpo-gu in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul to the 1,000 square meters.

The location is where the vehicle signal, etc. is installed. At the time of the defendant's front side, the victim D(49) car driven by the victim D(S) is stopping in the signal atmosphere. In such a case, the driver of the vehicle has a duty of care to take care of the front side and to prevent the accident in advance by properly operating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in failing to properly operate the steering and steering devices, and the part of the Defendant’s cargo vehicle in front of the Defendant’s cargo vehicle, which led to the Defendant’s vehicle behind the Defendant’s driver’s car.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and caused the injury of the victim D, such as the influoral dumum, which requires approximately two weeks of medical treatment, and the injury of the damaged vehicle F (31 years of age) for about two weeks of medical treatment.

2. On July 21, 2017, the Defendant was under the influence of alcohol leveling 0.224% during blood transfusion on July 21, 2017, the Defendant driving a B-wing truck from approximately 200 meters from the front side of Yeongdeungpo-gu Seoul Metropolitan Government to the front road of the same Gu, in a state of alcohol leveling 0.24%.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared D and F;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Act.

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