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(영문) 서울남부지방법원 2017.08.21 2017고정1329
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On April 2, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving, the Defendant driving of B Costki Engines under the influence of alcohol leveling to 0.168% from blood alcohol level among blood transfusions, and driven the two-lanes of the two-lanes of the Seoul Yangcheon-gu Seoul Metropolitan Government front roads on the ground of the error of ICT at the IC room.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by taking into account the front side and the left side.

Nevertheless, the Defendant, while under the influence of alcohol, proceeded ahead of it to the same room as the occupational negligence in progress, while neglecting it, received the back portion of the victim D (W, 52 years old)'s E-Woo-Woo-Woo-Woo, which was reducing speed, as the front part of the said Lone Star vehicle.

As a result, the Defendant driving a Lone Star vehicle in a situation where normal driving is difficult due to the influence of such drinking, and suffered from damage to the victim D and the victim F (26 tax) who is the passenger of the victimized vehicle, for about two weeks of light, in need of medical treatment.

2. Violation of the Road Traffic Act (drinking driving) and violation of the Road Traffic Act (free license driving) were driven by the Defendant from the Chinese restaurant in which it is impossible to find out the trade name located in the Glimdong in Yeongdeungpo-gu Seoul under the influence of 0.168% of alcohol while under the influence of alcohol without a driver’s license at the time of a day, such as paragraph (1), to approximately 1km from the Chinese restaurant to the front day of Yangcheon-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement (victim or passenger) of the occurrence of each traffic accident in D or F;

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

1. On-site map and actual survey report on traffic accidents;

1. A written diagnosis for each victim;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) and Article 148-2 of the Road Traffic Act concerning the crime.

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