(영문) 서울북부지방법원 2018.03.28 2018고정179

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자간(%)

(영문) 서울북부지방법원 2018.03.28 2018고정179

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the B SP area.

On September 25, 2017, around 08:10, the Defendant driven the said car at approximately 0.141% alcohol concentration in blood on the front side of the Seoul Southern-gu Seoul Southern-gu, with approximately 0.141% alcohol concentration in the two-lanes in the direction of alcohol. The Defendant driven the said car at around 0.141% in the direction of the two-lanes in Seoul Northern-gu, Gangnam-gu, and led to the flow of water flow at the speed of the flood distance from the front side of the E-lane 3-lane in Seoul Southern-gu.

At the time, when the vehicle stops, the vehicle is driven ahead of it in the same direction, so there was a duty of care to ensure that a person engaged in driving the vehicle has a driving distance with the front vehicle, and that if the vehicle stops, the vehicle has a duty of care to immediately operate the brake and prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim F (F, 44 years old) who was under a stop in the front of the vehicle immediately preceding that of the said vehicle driven by the Defendant due to the negligent negligence while neglecting this, and was driven by the Defendant with the back part of the G SP car driven by the Defendant in front of the said vehicle.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, sustained the injury of salt and tension to the victim F by driving the motor vehicle for about three weeks, and suffered the injury to the victim H (V, 22 years old) who was on board the motor vehicle driving by the victim, for about three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

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

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime.

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