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(영문) 서울남부지방법원 2018.03.27 2017고단6233
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle B with low investment.

On September 28, 2017, the Defendant driven the said car under the influence of alcohol level of 0.108% from blood alcohol level on the front side of Mapo-gu Seoul Metropolitan City on September 22:57, 2017, and driven the said car at a speed of about 73 km per hour, depending on the two-lanes of speed from the surface of the shot (YY) shooting distance to the surface of D apartment.

Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the tea.

Nevertheless, the Defendant divided the two parts under the influence of alcohol, and the body is unsatisfying along the opposite lane in the situation where normal driving is difficult due to influence of alcohol such as a distance, etc., and the victim E (30 years) who was driving in the opposite direction of the Defendant at the time when the Defendant was faced with the front part of the F bargaining vehicle, which was driven by the Defendant, was the front part of the Defendant’s vehicle.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the said victim E, such as an injury to the blood transfusion from an external wound, which does not have any wound in two open 6 weeks medical treatments, and injury to the victim G (V, 19 years of age) who was on board the said victim’s vehicle with approximately 8 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Blue boxes and video CDs;

1. Notification of the results of regulating the driving of drinking alcohol and investigation report (report on the situation of the driver in charge);

1. A report on investigation (with respect to the speed of the vehicle under investigation);

1. Investigation report (the application of the dmark formula above drinking);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each risk) regarding the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the driving of alcohol) concerning the crime;

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