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(영문) 서울동부지방법원 2019.01.30 2018고정1304
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

1. On September 17, 2018, the Defendant driven the said vehicle while under the influence of alcohol of approximately 0.177% of the blood alcohol concentration at a section of about 2 km from the king Station near Seongdong-gu Seoul Seongdong-gu to the roads front of Seongdong-gu Seoul, Seongdong-gu Seoul.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) had a road of one lane in front of Seongdong-gu Seoul, Seongdong-gu, Seoul, along the foregoing, proceeded to the king-do area under the influence of alcohol.

At the time, there was a intersection where signal apparatus was installed at night and at the front, so in such a case, there was a duty of care to prevent accidents by properly manipulating the brake system while living well on the part of the driver.

Nevertheless, the Defendant neglected to do so and found and continued the rocketing car which was driven by the victim D(the age of 65) who was under the influence of alcohol and was under the influence of alcohol and was under the influence of normal driving due to the difficult influence of alcohol, but the Defendant was under the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on a traffic accident, report on the occurrence of a traffic accident, and report on the occurrence of a traffic accident by an employer-driving driver (Evidence No. 22);

1. Requests for appraisal;

1. A medical certificate;

1. Application of statutes on photographs of images;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2(2)2 of the Road Traffic Act concerning criminal facts;

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