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(영문) 서울동부지방법원 2018.07.11 2018고단1468
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by a fine of eight million won.

When the defendant does not pay a fine, the period of 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car at Benz.

On April 17, 2018, around 01:25, the Defendant driven the said car under the influence of alcohol concentration of 0.184% in blood, while driving the said car at a four-lane in front of Gwangjin-gu Seoul Special Metropolitan City, Seoul, the Defendant continued the said car at a speed of approximately 60km from the northwest of the Olympic Blus Station to the remote distance from the Glus Station.

At the time, it was difficult for the Defendant to view at night, and the Defendant was in an inaccurate state of speech and behavior, and the walking was in a remote state under the influence of alcohol, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to look at the front and right, and safely drive the motor vehicle to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the victim D (55 years) who was parked in the signal atmosphere at the front of the instant car due to the negligence of not operating the brakes, and received the rear part of the E-si that was driven by the Defendant.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim FF (27 years of age) who was present in a vehicle driving by the Defendant, for about 8 weeks of medical treatment, such as catum salt, etc. which requires approximately 2 weeks of medical treatment.

2. The Defendant was under the influence of alcohol concentration of 0.184% in blood at the time of a port of paragraph (1) and driven the car as set forth in paragraph (1) from the road on which the Gangdong-gu Seoul Metropolitan Government Macheon-dong Location cannot be known to the roads prior to the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual condition, suspension of drinking, and medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2, and Article 44 (1) 1 of the Road Traffic Act.

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