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(영문) 서울동부지방법원 2018.02.13 2017고정1726
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. Around 10:30 on August 20, 2017, the Defendant driven BM car under the influence of alcohol content 0.146% from the 50m section from the Jyang-dong, Seoul Gwangjin-gu, Seoul to the 35th road.

2. The Defendant is a person engaged in driving BMW automobiles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On August 20, 2017, at around 10:30, the Defendant driven the said car under the influence of alcohol content of 0.146% on the 35-lane of Gwangjin-gu Seoul Special Metropolitan City, while driving the said car in the influence of alcohol content during blood, and the Defendant driven the said car along the one-lane of the 3-lane between the locking room and the locking room.

Since the center of the road is set up a set day at the center, the driver has a duty of care to safely drive a motor vehicle by checking well the right and the right and the right of the driver, and not drive a motor vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the front city and received a dives set up in the center of the road.

As a result, the Defendant suffered injury to the victim C (the 27 years of age) who was on board the said passenger vehicle due to occupational negligence while driving the vehicle in a situation where normal driving is difficult due to influence of drinking, such as failure to properly operate the operation of the operation system, etc., due to the influence of drinking, due to the injury of the internal side of the said vehicle requiring approximately 8 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Application of Acts and subordinate statutes to the records of drinking measurement and medical certificate;

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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