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(영문) 서울동부지방법원 2020.05.11 2020고정297
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a passenger car.

On July 17, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.104% 0.104% around 04:40 on 17, 2020, and led to a six-lane road in front of Songpa-gu Seoul Metropolitan City along the two-lane c from the d bank to the d bankside, at a speed that is impossible to identify by the d bank.

In such a case, the driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering system, brakes, and other devices of the motor vehicle and thoroughly monitoring the duty of care.

Nevertheless, the defendant neglected to do so under the influence of alcohol and neglected to do so.

In the same direction, the part behind the F taxi driven by the victim E in the atmosphere of the same direction was shocked with the front part of the passenger car of the defendant.

As a result, the Defendant rhymd the horses with the influence of drinking, and driving the said automobiles in a situation where normal driving is difficult such as a string distance, and caused the victim to suffer bodily injury, such as a rush, which does not have any room in two open fields where treatment is needed for about two weeks.

2. The Defendant was driving a vehicle B RAV4 in the state of alcohol with approximately 0.104% alcohol concentration in the section of about 10km from a place where it is impossible to identify the place below the Gangnam-gu Seoul Seo-dong, Gangnam-gu, Seoul, to the place indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual condition survey report and the circumstantial statement of a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act and the selection of fines concerning the crime;

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.

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