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(영문) 서울중앙지방법원 2017.05.17 2016고단7740
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On February 2, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million on August 9, 2006 and a fine of KRW 1 million on the grounds of a violation of the Road Traffic Act (driving of Drinking) at the Sungnam Support Center of Suwon Friwon, respectively, in the case of a violation of the Road Traffic Act.

[Criminal facts]

1. Around 03:30 on August 26, 2016, the Defendant driven a ENA driver’s vehicle under the influence of alcohol with approximately 100 meters alcohol content 0.146% from the 100-meter section to the front road of the Seoul Gangnam-gu D Building, Gangnam-gu.

2. Defendant 1: (a) driven the said car while under the influence of alcohol at the time of the foregoing day, the horses were partitioned, and the walking is in a remote distance and the walking is at the inside of the inside, thereby driving the said car toward the road front of the said D building from the hill side to the hill side.

In such cases, there was a duty of care to check whether a person engaged in driving of a motor vehicle is well aware of the future and is safe in the future.

Nevertheless, while under the influence of alcohol, the Defendant was unable to find out a passenger car from G G Do which was driven by the victim F ( South, 33 years old) who was under a stop in the right behind the direction of the defendant's running due to the negligence of the defendant, and received the victim's vehicle from the back of the defendant's vehicle.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, suffered bodily injury such as salt, tension, etc. of the trend that requires approximately two weeks medical treatment to the victim by negligence in the course of business as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Report on detection of drivers of alcoholic beverages and the numerical value of measurement of alcohol;

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