(영문) 서울북부지방법원 2021.01.14 2020고단2526

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(영문) 서울북부지방법원 2021.01.14 2020고단2526

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of BTrack cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On May 18, 2020, the Defendant driven the said car under the influence of alcohol level of 0.224% from blood alcohol level around 18:50 on May 18, 2020, and led to two-lanes along the intersection from the direction of the red wave intersection of Dongdaemun-gu Seoul, along the road of four-lanes in front of Dongdaemun-gu Seoul.

In this case, the driver of a motor vehicle has a duty of care to safely operate the brake and steering gear by properly operating the steering system and steering gear.

Nevertheless, under the influence of alcohol, the Defendant did not find out the victim D (W, 50 years old) driving eX3 car that stops for signal waiting at the same lane of the same lane due to the negligence of driving while neglecting this, and received the part of the Defendant’s front part of the above XM3 car as the front part of the car.

In the end, the Defendant, while driving a motor vehicle under the influence of drinking such as a fluorous, snowless, and rainless distance with heavy pedestrian traffic, was faced with the injury of the victim F (V, 49 years old), and the victim G (V, 55 years old) who was on board the above victim D, XM3 motor vehicle, and sustained approximately two-day medical treatment.

2. Around the day specified in paragraph 1, the Defendant driven B Track vehicle while under the influence of alcohol content of about 0.224% from the 1km section from Dongdaemun-gu Seoul to the front of Dongdaemun-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition of each traffic accident in D, I, and G, and a report on the detection of the driver at the main place of business (report on the actual condition of the driver at the main place of business);

1. Application of Acts and subordinate statutes to photographs of each written diagnosis;

1. Aggravated punishment of specific crimes as provided in the corresponding Article of the Act regarding criminal facts.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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