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(영문) 서울동부지방법원 2017.10.20 2017고정1311
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. On May 5, 2017, the Defendant driven C QM3 car under the influence of alcohol level of about 0.172% in the 5km section from the front of the French-gu Seoul Metropolitan Government (Seoul), to the front road of the Seoul Gwangjin-gu (Seoul), around May 21, 2017.

2. The Defendant is a person engaged in driving C QM3 automobiles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On May 5, 2017, the Defendant driven the same car while under the influence of alcohol level of 0.172% among blood transfusion around 21:10, and led to the flow of the same car at an insular speed in the direction of the square distance from the surface of the Agsan Station street on the front of Gwangjin-gu Seoul Special Metropolitan City, along the three-lane in the direction of the square distance.

At the same time, since the victim D(37 tax) was at the front of the running direction of the defendant, the driver of the motor vehicle had a duty of care to safely operate the steering vehicle by accurately operating the steering wheel and brake system.

Nevertheless, the Defendant neglected this and was negligent in driving under the influence of alcohol as above, and the part of the victim’s vehicle behind the victim’s vehicle and the Defendant’s vehicle spread was committed as the part of the Defendant’s vehicle spread.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered an injury such as the victim’s being unable to know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Sticker for drinking measurement;

1. Application of Acts and subordinate statutes to copies of medical records;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily harm to the driving of a dangerous motor vehicle) and each of the fines shall be selected.

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