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(영문) 서울북부지방법원 2017.04.17 2017고정93
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a math car.

1. On September 18, 2016, the Defendant driving the said vehicle under the influence of alcohol level of 0.131% among blood transfusion around 03:30 on September 18, 2016, and transferred the road front of the entrance of the main road in the Chang-dong, Nowon-gu, Seoul Special Metropolitan City, along the three-lanes in the direction of the Chang-dong intersection from the bank of the Dobong Police Station.

In such cases, a driver of a motor vehicle is prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear, brake system, etc. by properly examining the traffic situation.

Nevertheless, the Defendant neglected this and got the victim C(27) who temporarily stops to enter the same main road from the front direction of the course due to the influence of drinking, etc. to enter the same main road in the direction of the course, followed by the D-U. car driven by the victim C(27 ) of the victim C(27) of this case, and got the driver into the front direction of the Defendant’s driving vehicle, and caused the e-U.S. car driven by E(47 years old) with the front direction while the e-U.S. vehicle was pushed up in the future due to the shock.

Accordingly, the Defendant suffered injury in need of approximately two weeks of medical treatment due to the promotion of sugars, etc. in which there are no two shops open to the above victim C by negligence in the above business.

2. While the Defendant was under the influence of alcohol level of 0.131% in blood at the border on the day specified in the preceding paragraph, the Defendant driven the pertinent car at a section of about 3 km from the bruth distance in Dobong-gu Seoul Metropolitan Government to the access road to the same main road located in Nowon-gu, Seoul Metropolitan City, Nowon-gu, to 34-7 Do Nowon-ro 38-7.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of C and E;

1. A report on traffic accidents and a survey report on actual condition;

1. A report on the detection of a primary driver;

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