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(영문) 서울북부지방법원 2020.01.16 2019고단3720
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

1. Around 23:00 on July 2, 2019, the Defendant driven CM5 vehicle while under the influence of alcohol content 0.147% at around 23:40 on the same day from July 2, 2019 to 23:40 on the same day in front of the mutually unclaimed restaurant located near the Gangnam-gu Seoul Southernnam Station.

2. The Defendant is a person who is engaged in driving the CMF5 car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

At around 23:40 on July 2, 2019, the Defendant, while under the influence of alcohol by 0.147% in blood alcohol concentration, continued to run approximately 60-70km in the direction of offset in the direction of the Nowon-gu in Seoul Special Metropolitan City.

At that time, vehicles were driven slowly due to the fixed body due to the construction work, so in such a case, there was a duty of care to operate the brake by timely operation of the brake while living well on the part of the driver of the vehicle.

Nevertheless, due to the negligence that the Defendant was unable to operate the brakes in time under the influence of alcohol, the victim D operated in the front direction of the Defendant’s vehicle was able to use the part behind the Defendant’s vehicle in front of the instant vehicle, and due to the shock of the said E vehicle in front of the instant vehicle, the part behind the instant vehicle operated by the victim F while pushing the vehicle in front of the instant vehicle, and the vehicle behind the instant vehicle in front of the said E vehicle, which was operated by the victim F, was carried out as the front panion part of the said vehicle, and the said G vehicle was pushed back in front of the said vehicle due to the shock of the said G vehicle.

Ultimately, the Defendant driving a car in a state where normal driving is difficult due to influence of drinking, and inflicted an injury on the victim D (the 62 years of age) who is the driver of the said E vehicle, such as salt, tension, etc. of a trend requiring approximately three weeks medical treatment, and the victim, who is the passenger of the said E vehicle, is the victim.

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