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(영문) 서울서부지방법원 2019.07.02 2019고단1035
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 04:30 on February 25, 2019, the Defendant was under the influence of alcohol at a level of 0.133% of alcohol level, and the Defendant driven the BMW car from the front parking lot of Seoul Mapo-gu to the front road of the same Gu from approximately 100 meters from the parking lot of Seoul Mapo-gu to the road of the same Gu.

2. On February 25, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the BMW car specified in paragraph (1) with a blood alcohol concentration of 0.133% around February 25, 2019, and led to a speed of about 30 km per hour at a speed of about 30 km in the direction of the flow distance from the upper end of the road in front of Mapo-gu Seoul Metropolitan City at a speed of one speed in the direction of the speed.

In a situation where normal driving is difficult due to the influence of alcohol, a motor vehicle shall not be driven, and a place where the center line of yellow solid lines is installed. In such a case, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle on the center side of the road while looking at the front, left, and left well.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim E (the age of 54) who was driving in the opposite opposite lane due to the negligence of driving the central line while neglecting this, and received the left-hand part of the FFF sports car as the top-hand part of the said BMW car.

As a result, the Defendant, while driving the said BMF car under the influence of alcohol that is difficult to drive normally, suffered injury to the victim E, who is the driver of the damaged vehicle, such as cerebral sugar, which requires approximately three weeks of medical treatment, and suffered injury to the victim G (V, 63 years of age) who is the same passenger, for approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A traffic accident report, a survey report on actual condition of a drinking driver, a report on the circumstantial statement of a drinking driver, and a report on the results of the crackdown on drinking driving;

1.Each investigation report is marked.

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