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(영문) 서울서부지방법원 2020.02.13 2019고단4005
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. On May 2, 2009, the Defendant received a fine of two million won as a crime of violating the Road Traffic Act from the Seoul Central District Court on May 2, 2009.

On November 2, 2019, at around 15:04, the Defendant driven CW125 motorcycle at the 1km section of approximately 1k alcohol concentration 0.182% from the Seodaemun-gu Seoul to the 54-ro 2nd Masan-ro, Mapo-gu, Seoul.

2. On November 15, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor bicycle listed in paragraph (1) while under the influence of alcohol by 0.182% in front of the 54-lane, Mapo-gu, Mapo-gu, Seoul, about November 15, 201, along two-lanes from the 2nd direction of sex mountain.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to live well in the front and drive the motor vehicle safely in accordance with good faith because a signal, etc. is installed at the front door, and thus, the person engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle under good faith.

Nevertheless, the Defendant was driven by the victim D (year 51) who was standing in the front direction of the signal while under the influence of alcohol without neglecting the signal, and by neglecting it, the Defendant was driven by the front part of the motor vehicle driven by the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A survey report on actual condition, an accident vehicle photograph, a report on the situation of the driver, and a medical certificate;

1. Previouss before judgment: Criminal history records;

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