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(영문) 서울중앙지방법원 2019.11.21 2019고단4621
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a two-wheeled vehicle between UM125 and Q2.

1. On April 26, 2019, the Defendant was driving a two-wheeled vehicle while under the influence of alcohol content of about 0.150% at the 1km section from the front of Gwanak-gu in Seoul to the front of Gwanak-gu in Seoul Special Metropolitan City, at around 22:20 on April 26, 2019.

2. On April 26, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven the said two-wheeled automobile while under the influence of alcohol content of 0.150% in blood on April 26, 2019, and went back to the front of Gwanak-gu Seoul Special Metropolitan City

In such cases, the driver has a duty of care to prevent accidents by safely operating the steering gear and steering the steering system of the rear bank and the surrounding traffic situation and other vehicles in a correct manner.

Nevertheless, under the influence of alcohol, the Defendant neglected it and did not properly look at the traffic condition and did not stop, and went back to the right side of the victim E (the age of 23) driving, which was under a stop due to the negligence of the latter, and led to the occurrence of the victim while the two-wheeled two-wheeled vehicle under the direction of the Defendant driving.

Ultimately, the Defendant driving the said two-wheeled vehicle under the influence of alcohol that it is difficult for the Defendant to drive the vehicle normally due to the influence of alcohol, thereby resulting in the Defendant’s injury of salt and tension by the detailed unknown part of the trees requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. A written statement of the victim;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts.

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