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(영문) 서울남부지방법원 2018.10.11 2018고단3969
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On July 19, 2018, the Defendant driven a B-hand vehicle with alcohol concentration of 0.181% in the influence of alcohol during blood at around 21:10 on July 19, 2018, and led to the roads near Yeongdeungpo-gu Seoul Metropolitan Government to go through a large-scale air protection area near the digital single-water protection area.

At the time, a signal is installed at night and at the front door, so in such a case, a driver of a vehicle has a duty of care to properly see the front door and to accurately manipulate the steering direction, brakes, etc. of the vehicle and to prevent conflict with a vehicle waiting for signal.

Nevertheless, Defendant D was driven by the victim D and the victim E did not find out the F low-speed passenger car with the victim E, without neglecting the above duty of care, and received the back portion of the passenger car in front of the said low-speed passenger car.

As a result, the Defendant driven the said low-water vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, and caused the victim D to suffer injuries such as light fat, etc. in which treatment is required for about two weeks, and the victim E suffered injuries such as light fat, etc. in which treatment is required for about three weeks, and driven the said low-water vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A traffic accident report;

1. Photographss related to traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol and investigation report (report on the situation of the driver in charge);

1. Investigation report (verification of drinking distance);

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by each dangerous driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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