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(영문) 서울동부지방법원 2020.11.25 2020고단2868
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B at the cost of driving on duty.

1. On August 12, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car under the influence of alcohol concentration of 0.156% on the Agsan-ro, Gwangjin-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), while under the influence of alcohol level of 0.156% on the Agsan-ro, the said car was driven on the south left side from

In such cases, there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle, driving a motor vehicle with a view to driving the motor vehicle properly and operating the steering and steering devices properly.

The Defendant neglected to do so and neglected that, while driving a vehicle with a rhythm, a string of walking, a breast and a breathous red, and was negligent in driving the vehicle at the front of the running direction by the Defendant, and was driven by the victim C (Nam, 30 years old) driving a vehicle at the front of the vehicle in front of the driver of the vehicle in the flag.

The Defendant, as seen above, driven the car at the bar in which normal driving is difficult due to influence of drinking, and caused the victim to suffer bodily injury, such as salt, tensions, etc. in need of approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol by 0.156% from the 7km section from the road near Gwangjin-gu Seoul Special Metropolitan City, to the same Gasan-ro 552 tent road.

Summary of Evidence

1. Defendant's report on his legal statement, oral statement, and oral statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Selection of a fine under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, and each choice of a fine concerning the crime;

1. Of concurrent offenders, the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act are subject to discretionary mitigation under Article 53 of the Criminal Act.

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