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(영문) 서울중앙지방법원 2018.01.25 2017고단8048
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

1. On October 8, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car while under the influence of alcohol content of 0.136% in blood around 05:05 on October 8, 2017, and driven the said car along the direction of the Seoul Gangnam-gu KHro 305 Korean Technology Center prior to the 305 KHroro, Seoul, along the direction of the 5-lane hotel shooting distance from the hill historical distance room.

In this case, a driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle is obliged to take into account the traffic situation well and safely manipulate the steering gear and prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(57) who stops in the atmosphere of a signal signal due to negligence that was driven by the Defendant at the front of the Defendant’s car. The lower part of the DK5 vehicle was driven by the Defendant’s front part.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking.

2. Around 05:05 on October 8, 2017, the Defendant driving B car in the section of approximately 3.8 km while under the influence of alcohol with approximately 0.136% alcohol content at around 3.8 km at the front of the influent end of the store in Gangnam-gu Seoul Metropolitan Government on the roads in front of the influent end of the store in Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. Reports on traffic accidents, notification of the results of regulating drinking driving, and application of Acts and subordinate statutes to medical certificates;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. The aggravated Criminal Act for concurrent crimes.

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