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(영문) 서울북부지방법원 2018.01.18 2017고단5042
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of four 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 is engaged in driving a car at a horse in B.

1. On November 206, 2017, the Defendant driving the said vehicle under the influence of alcohol concentration of 0.192% in blood around 0:5 on the same day, and driving the front road of Dobong-gu Seoul Metropolitan Government along three-lanes (including the exclusive bus lanes) in the direction of a shooting distance in the right side of the right side of the road between the three-lanes of the road in front of Dobong-gu Seoul Metropolitan Government (including the exclusive bus lanes) in the direction of a shooting distance from the right side of the right side of the road, and making a change in the two-lanes.

In such cases, there was a duty of care to check whether there was a vehicle that is proceeding in the front and rear side of the vehicle line intended to change to a person engaged in driving of a motor vehicle, and to safely change the lane and prevent the accident in advance.

Nevertheless, the Defendant neglected to change the two lanes as it is, and found late behind the victims D(W, 32 years old) driving the two lanes in the same direction. The part of the back part of the victim's driver's car is shocked with the front part of the driver's car.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered the victim’s salt, tensions, and tensions that require approximately two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a car at the same time, while under the influence of alcohol concentration of about 0.192% in blood, from the section of approximately 500 meters to the front of the same Gu, from the area near An apartment in the Changdong-dong, Dobong-gu Seoul Metropolitan Government to the front of the same Gu at the above day.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

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

1. Investigation report (report on the situation of the driver in charge); and

1. A report on the detection of a primary driver;

1. Drinking result;

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

1. Relevant provisions of the Act concerning facts constituting an offense;

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