(영문) 서울남부지방법원 2018.09.20 2018고단3746

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(영문) 서울남부지방법원 2018.09.20 2018고단3746

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around June 22, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven a front road in Geumcheon-gu Seoul Metropolitan Government B with alcohol concentration of 0.153% while under the influence of alcohol level 0.153% in blood, and led DWW125 Obs to the direction of the string distance from the edge of the German acid.

At the time, there was an intersection at night, and there was a duty of care to see the front side and the right and the right and the right of the driver of the vehicle and to operate the steering system in a safe manner.

Nevertheless, under the influence of alcohol, the Defendant neglected this and failed to properly operate the steering gear, and caused the victim E (21) who was on the breath by going beyond the balance among the roads that avoid a car that had been on the breath bank, thereby getting the victim E (21) who was on the breath to go beyond the floor, thereby getting the victim E in need of approximately two weeks of medical treatment, and suffered the following and the bridges.

As a result, the Defendant driven an erroneous part in a state where normal driving is difficult due to influence of drinking, and suffered the above injury to the victim.

2. Defendant 1 driven the above Oba while under the influence of alcohol concentration of about 0.153% at a section of approximately 1.2 km from the front of the 398 Kbnb's coffee shop to the front road in Geumcheon-gu Seoul, Geumcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A certificate of drinking alcohol measurement, a report on the circumstances of the driver involved in drinking, and a report on the detection of the driver involved;

1. CCTV CD images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment of Specific Crimes (referring to the injury or injury caused by a dangerous driving) concerning the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act (referring to the act of drinking alcohol) concerning the crime;

1. Selection of an alternative fine for punishment;

1. The aggravated Criminal Act for concurrent crimes.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형법

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