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(영문) 서울동부지방법원 2017.08.22 2017고정823
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Pasatat2.0 car on his own.

1. On February 28, 2017, the Defendant driving the said vehicle under the influence of alcohol content of 0.187% in blood transfusion around 00:54 on a condition that he/she was under the influence of alcohol at around 00:187%, and proceeding the said vehicle from the side of the plug apartment to the oil station of GSS on the side of the plug apartment of Gangdong-gu Seoul Metropolitan Government, and driving it on the front side of C.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to drinking conditions, and by accurately operating the steering gear, brakes and other devices of the motor vehicle, he/she shall not drive a motor vehicle at such a speed or in such a manner as may cause any danger and injury to others according to the road traffic conditions and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the Defendant neglected this and led the victim D(64 S, south) who waits for the vehicle under way in the front room to the front part of the vehicle of the Defendant. The front part of the Estyna vehicle driven by the victim D(64 S, south) was shocked by the front part of the Defendant.

As a result, the Defendant suffered from occupational negligence the injury that requires two weeks of diagnosis due to the salt, tension, etc. by the victim.

2. On the same date as above, Defendant 1 driven the above BPasat2.0 vehicle while drunkly driven a distance of approximately 500 meters from the cafeteria, Seodong-dong, Seodong-gu, Seoul to the front side of the road in Gangdong-gu, Gangdong-gu, Seoul, with a alcohol concentration of about 0.187% in blood at the same time as above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Report on the occurrence of a traffic accident, report on the detection of the driver at the main place, report on the measurement record of the main place of the traffic accident (A), diagnosis certificate, the scene of the accident, and the application of the vehicle photograph law.

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