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(영문) 서울중앙지방법원 2020.02.12 2020고정64
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

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 June 27, 2019, the Defendant was under the influence of alcohol with 0.142% of blood alcohol concentration around 08:15 on June 27, 2019, and was driving at a speed of about 30km in the direction D from the Seocho-gu Seoul Metropolitan Government Cside.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation before and after the time, accurately manipulating steering devices, etc.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in driving alone while driving Mad D in a normal manner, and received the Fchip top top-down part of the Fchip car from the victim E(the age of 57) who was driving Mad D in a normal manner.

As above, the Defendant suffered from an injury, such as crypum dump, which requires approximately two weeks of medical treatment, by negligence in the course of business, while driving a motor vehicle while normal driving is difficult due to the foregoing negligence.

2. Around 08:15 on June 27, 2019, the Defendant was under the influence of alcohol content of 0.142% by blood, and the Defendant driven approximately 1.3 km from the front road of Seocho-gu Seoul Metropolitan Government to the front road of Seocho-gu Seoul Metropolitan City to the accident site.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the result of regulating drinking driving;

1. A written statement on the occurrence of traffic accidents;

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

1. 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 concerning the crime, the choice of fines for the crime;

1. The Criminal Act among concurrent crimes.

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