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(영문) 서울동부지방법원 2020.08.21 2020고단1856
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

The defendant is a person who drives a mixed motor bicycle B.

1. Around 23:30 on February 26, 2020, the Defendant driven the above motorcycle while under the influence of alcohol at approximately 0.206% of the blood alcohol concentration at the section of approximately 1.2km from around the 384-1 Station in Asan-ro, Gwangjin-gu, Seoul to the front of the same Gu from around 384-1 Station to the same Gu C.

2. On February 26, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above motorcycle at around 23:30 on February 26, 202, and led the road in front of Gwangjin-gu Seoul Special Metropolitan City toward the direction of luminous along the luminous from the e

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in advance by driving the motor vehicle in such a manner that it is difficult to drive the motor vehicle normally due to influence of drinking, and by driving the motor vehicle in a safe manner, such as indicating the traffic situation, accurately manipulating the steering and brakes, etc.

Nevertheless, the Defendant got a bicycle driven by the victim D (ma, 41 years old) who drives the above motorcycle while under the influence of alcohol at a level of 0.206% of blood alcohol content by negligence and by negligence while driving the above motorcycle.

As a result, the Defendant driven a motorcycle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as salt, tension, etc. of the part of the elbow part which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a DNA traffic accident;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the report on detection of a drinking driver, the report on the circumstances of a drinking driver, the investigation report (report on the status of a drinking driver), and the records of measurement of drinking alcohol;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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