(영문) 서울중앙지방법원 2018.09.13 2018고단4057

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.09.13 2018고단4057

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

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

Reasons

Punishment of the crime

1. On May 12, 2018, the Defendant was under the influence of alcohol concentration of 0.203% in blood around 00:58 on May 12, 2018, and driving a DNA car within approximately 800 meters from the roads in front of Gangnam-gu Seoul to C in front of the road.

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

On May 12, 2018, around 00:58, the Defendant driven the franchise with alcohol content of 0.203% while under the influence of alcohol during blood, and proceeded two-lanes of the seven-lane road in front of Gangnam-gu Seoul, Gangnam-gu, Seoul, with the view to the shooting distance of the hospital in the area of the bankruptcy park.

In this case, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to prevent accidents in advance by driving the steering gear and steering the steering gear accurately.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care in a state where normal driving is difficult and neglected to do so on the front side of the Defendant, caused the Defendant’s negligence to find out a Fysty string taxi of the E-driving, which was parked in the signal atmosphere at the front side of the Defendant, late, and failed to avoid it, and thereby, received the part behind the said taxi as the front part of the car.

Ultimately, the Defendant sustained injury to the victim G, a taxi passenger, who was on board the lower seat of the said taxi due to the foregoing occupational negligence, such as “finites and tensions,” which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. Notification of the results of regulating drinking driving;

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

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Act regarding criminal facts.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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