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(영문) 서울서부지방법원 2020.04.16 2020고단55
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 B-learning automobiles.

On December 8, 2019, the Defendant driven the said car under the influence of alcohol level of 0.156% on blood alcohol level on December 8, 2019, and proceeded with the approach lamps of the two-dimensionals in Mapo-gu Seoul Metropolitan Government Joint Zone from the direction of the riverside North Korea to the south of the two-dimensionals.

At the time of night, the surrounding environment was set up, and the location was a lamps that connects the Gangseobuk road with the two-dimensionals, so in such a case, there was a duty of care to look at whether there is a vehicle driving on the lane to enter the vehicle to the person who is engaged in the business of driving the vehicle, and to drive the vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant was at the right left part of the car that the Defendant driven by the victim C (the aged 61) driving along three-lanes in the direction of the two parallel due to the negligence of immediately entering the direction of the two parallel, and immediately finding it late after the victim C (the aged 61).

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to the influence of drinking, and caused the victim E (30 years of age) who was on board the taxi as a customer to suffer injury to the victim C and the said taxi, such as salt, tension, etc. of each of the two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) at a temporary border, as set forth in paragraph (1), driven the said car under the influence of alcohol leveling approximately KRW 25 km from the roads located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu to the roads located in the Hancheon-dong, Mapo-gu, Seoul, while under the influence of alcohol leveling about 0.156%.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

1. Investigation report (limited to the application of the Ro mark formula);

1. Application of statutes to copies of each written diagnosis;

1. Criminal facts;

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