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(영문) 서울서부지방법원 2018.11.15 2018고단2807
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in the operation of B rocketing motor vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On July 6, 2018, the Defendant driven the said car under the influence of alcohol content of 0.192% during blood transfusion 01:05, and driven the three-lane road in front of Mapo-gu Seoul Metropolitan Government at the intersection of its intersection, along the two-lanes from the intersection to the intersection of its intersection.

At the time, vehicles are in the night and are going on the front door, so in such a case, the driver of the vehicle shall not drive the vehicle while normal driving is difficult due to influence of drinking, and the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident in advance by driving the vehicle, such as accurately manipulating the steering direction, brake system, etc.

Nevertheless, the Defendant neglected this and proceeded in the front bank by negligence and received the back part of the victim D(55) driving EK5 si as the front part of the said car.

As a result, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. On July 6, 2018, the Defendant was under the influence of alcohol content of 0.192% in blood at around 01:05, the Defendant driven B rocketing car from the 33-lane, Seoul Mapo-gu, Seoul Mapo-gu, to the same Gu C, under the influence of alcohol content of around 01:05.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Photographs of vehicles;

1. Investigation Report - Application of the Acts and subordinate statutes submitting written diagnosis of the victim D;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. The aggravated Criminal Act for concurrent crimes.

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