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(영문) 서울남부지방법원 2016.12.09 2016고정2573
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B;

On August 18, 2016, the Defendant driven the above car at around 23:04, and moved the road of the 271-lane in Seoul Guro-gu, Guro-gu, Seoul, into the south cycle, from the south cycle to the right side of the shooting distance.

At the time of night, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the right and the right of the motor vehicle and drive the motor vehicle safely.

Nevertheless, the defendant's blood alcohol concentration of 0.161% was driven by the victim C(the age of 49) who was driven in the front of the driver's vehicle due to the influence of alcohol while driving under normal conditions due to the influence of alcohol by the defendant.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim C, such as salt, tensions, etc. in need of treatment for about three weeks, and the injury to the victim E (V, 34 years old), who was on board the damaged vehicle, for about three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the same time and time as set forth in paragraph (1) of this Article, driving a BH car under the influence of alcohol of about 500 meters with blood alcohol concentration of about 0.161% from the 50-meter section of Guro-gu Seoul Metropolitan Government to the site of accident as set forth in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

1. A certificate of drinking alcohol measurement, a written report on driving of a drinking driver, and a written report on the status of a drinking driver;

1. A traffic accident report;

1. An accident site photograph, photograph of a melting vehicle, or photograph of the damaged vehicle;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148 of the Road Traffic Act.

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