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(영문) 서울서부지방법원 2018.05.24 2018고단575
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) and is engaged in driving of CA6 automobiles.

On January 26, 2018, the Defendant driven the above vehicle while under the influence of alcohol 0.135% during blood transfusion on January 26, 2018, and driven the two-lane road in front of Mapo-gu Seoul Metropolitan Government at a speed that is visible depending on two-lanes of hotel room from the upper end of the road.

There are two lanes, and it was difficult at the time. Since there was a prior vehicle in the front section, the driver of the vehicle has a duty of care to safely operate the brakes and steering gear by reducing speed and operating the front section and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to safely operate the brakes and steering gear due to influence of alcohol.

Nevertheless, the Defendant was driving the said vehicle under the influence of drinking, which was difficult to drive normally due to the influence of alcohol, and was driven by the victim E, who was stopping at the front direction of the vehicle running by the Defendant, as part of the front part of the Defendant’s vehicle.

After all, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of climatic salt, etc., which requires approximately two weeks medical treatment to the victim E and the victim G, who is the passenger of the damaged vehicle.

2. Around January 18:35, 2018, the Defendant driven C A6 vehicle under the influence of alcohol with a maximum of about 450 meters alcohol concentration of 0.135% from the 450m section from the front day of Mapo-gu Seoul Metropolitan Government H to the same front road of the same Gu D.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in E and G;

1. Part II of the Act and subordinate statutes, including a survey report on actual condition, a statement on the situation of the driver in charge, and a diagnosis report.

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