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(영문) 서울북부지방법원 2021.02.18 2020고단3563
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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. Around June 25, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driven a motor vehicle with a five-lane speed higher than C High School in Yeonsu-gu Incheon Metropolitan City, Incheon, with a alcohol concentration of 0.129% in blood, while driving a motor vehicle with a low alcohol level of 0.129% in blood, and driving a motor vehicle at a speed of about 76.8 km/h/h of speed from the direction of the blue-do tunnel at a three-lane speed.

In this case, the driver of the motor vehicle has a duty of care to take the front side and the left side and the left side well and to properly manipulate the steering and brakes so as to prevent the accident.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes under the influence of alcohol, thereby changing the course to the lane of the Defendant’s person in the same direction as the Defendant, and received the following part of the FOE (60 Do, South) driving by the Defendant, and the front part of the car driving by the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered approximately three weeks of medical treatment from the victim.

2. On the day specified in paragraph 1, the Defendant driven a dial vehicle under the influence of alcohol content of about 2 km from the front of the restaurant “H Songdo Points” located in Yeonsu-gu Incheon Metropolitan City G to the front road of the C High School located in the same Gu, Yeonsu-gu, Incheon.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement E, investigation report on the actual condition of police statements, on-site photographs, traffic accident analysis report, investigation report on the detection of the driver at the main place (speed analysis), diagnosis report on the circumstances of the driver at the main place;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to the driving of danger, the selection of fines), and the Road Traffic

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