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(영문) 서울남부지방법원 2017.04.20 2017고정326
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

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

1. Around November 26, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the two-lanes, one of the three-lanes in the direction of salt hold, such as the front road of Yangcheon-gu Seoul Metropolitan Government, to the speed of salt hold.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant, under the influence of alcohol level 0.166% in blood, driven while driving a stroke in a state where normal driving is difficult due to the influence of alcohol due to the same influence of alcohol due to occupational negligence in the course of business, led the victim D(48 S)'s strawer to the rear pande of the vehicle under the direction of the victim D(48 strawer) who intends to start after the signal waiting.

The Defendant, while driving a motor vehicle under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, suffered from the injury of the victim, such as salt pans, tensions, etc. in need of a medical treatment for about a week, and the injury of the victim, such as salt pans, tensions, etc. in need of a medical treatment for about two weeks to the F of the injured vehicle passengers (the age of 36).

2. On the same day as in the preceding paragraph, the Defendant driven the said vehicle under the influence of alcohol level of about 0.166% from the 500-meter section to the front road of Yangcheon-gu Seoul Metropolitan Government, at the same time as in the foregoing paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on the actual condition, a screen of a motor vehicle boom and a screen of a video fluore, and a medical certificate;

1. Application of Acts and subordinate statutes to confirm the measurement of drinking alcohol, report on the situation of the driver involved in drinking, and report on the detection of the driver involved;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the selection of punishment: Provided, That the same shall apply.

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