(영문) 서울동부지방법원 2020.10.22 2020고단2830

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(영문) 서울동부지방법원 2020.10.22 2020고단2830

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of KRW 10,000,000.

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

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 engaged in driving a motor vehicle B;

On February 17, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.109% of blood alcohol level around 20:25, and driven the four-lane road in front of the shooting distance of the police hospital in Songpa-gu Seoul, Songpa-gu, Seoul, at a speed that is impossible to identify one lane from the direction of the police station in the Asia-gu.

At the time, it was difficult to keep the surroundings around the night, and there was an intersection where the signal apparatus was installed at the front, and in this case, there was a duty of care to prevent accidents and drive safely by accurately operating the steering gear and operating the steering gear.

Nevertheless, the defendant divided the state of speech and behavior, and the walking state is clear, and the face is difficult to drive normally due to influence of drinking such as red, and due to negligence, he neglected to do so, and the part of the back part of the DNA SM5 car driven by the victim C (the age of 54) who was in the atmosphere of the above signal is turned into the front part of the defendant's vehicle, and due to the shock, the above part of the back part of the FSM5 car driven by the victim E (the age of 40) who was in the atmosphere of the signal prior to being pushed in the future.

Ultimately, the Defendant suffered injury to the victims, such as salt, tension, etc. in need of approximately two weeks of treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in the above paragraph (1), driving a motor vehicle under the influence of alcohol level of about 0.109% from the G Apartment Building parking lot in Songpa-gu Seoul to the road set forth in the above paragraph (1).

Summary of Evidence

1. The defendant's legal statement C and each police statement of E are written.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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-서울동부지방법원 2020.04.10 2019고단4019