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(영문) 서울남부지방법원 2018.08.14 2018고단2902
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Around May 23:30, 2018, the Defendant violated the Road Traffic Act (breathing) committed a violation of the Road Traffic Act: (a) around the back-road in front of Yangcheon-gu Seoul Metropolitan Government, while under the influence of alcohol level of 0.196% during blood, the Defendant was driven after approximately one meter of the freight vehicle.

2. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) committed the following acts at the time and place indicated in paragraph (1) as stated in paragraph (1).

At the time, the Defendant, while blood alcohol concentration, reached 0.196%, snicking, snicking, and very snicking, making it difficult to drive normally due to the influence of drinking such as walking, etc.

Nevertheless, the Defendant was found to have received the front part of the Franf car driven by the victim E (30 Do) who was parked in the rear after the vehicle of the above Poter and was stopped at the rear.

Ultimately, the Defendant, as seen above, suffered injury to the victim E, such as salt, tension, etc. in a trend that requires approximately two weeks of medical treatment by driving the said passenger vehicle while it is difficult to drive the vehicle normally due to influence of drinking, and caused the victim G (54 years of age) who is the passenger, to suffer injury, such as salt, tension, etc. in a trend requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

1. Investigation report (report on the situation of the driver in charge) and report on the detection of the driver in charge;

1. Application of Acts and subordinate statutes to each medical certificate and investigation report (to hear statements from each victim's telephone);

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 of the selective fines for punishment (the blood alcohol concentration level is high, but the victims suffered shall be injured.

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