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(영문) 서울서부지방법원 2019.02.21 2018고단4086
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a radar car.

1. On October 14, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said rac vehicle while under the influence of alcohol on the six-lane road in front of Gwangjin-gu Seoul Special Metropolitan City, Seoul, with a blood alcohol concentration of 0.157%, and proceeded by driving the said rac vehicle at a speed that cannot be identified along two-lanes from the south side of the cheon Tho-gu Intersection.

At night and at the same time, E rocketing taxi driven by the victim D(62 years of age) was stopped for signal atmosphere, and thus, the driver had a duty of care to prevent accidents in advance by properly operating the steering gear and steering the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the lower part of the rocketing taxi that was in the front part of the said Rasa taxi was committed as the front part of the said Rasa car.

Ultimately, the Defendant driven the pertinent radar car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as a dynasium for about two weeks to the victim.

2. Around October 14, 2018, the Defendant was under the influence of alcohol with a blood alcohol concentration of about 0.157% from the 2km section from the roads near the Gangdong-gu Seoul Metropolitan Governmentcheon-dong to the roads near the Seoul Gwangjin-gu Seoul Special Metropolitan City, around October 14, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement of D police statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the option of criminal facts is given, are amended by Act No. 15981, Dec. 18,

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