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(영문) 서울동부지방법원 2018.01.12 2017고단3799
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. Around 00:30 on October 7, 2017, the Defendant violated the Road Traffic Act (dbee driving) driven a Dbee cruise car under the influence of alcohol concentration of about 500 meters on the front road of Songpa-gu Seoul, Songpa-gu, Seoul, and 0.154% on blood.

2. Around October 07, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven the front road of Songpa-gu Seoul Metropolitan Government with a alcohol content of 0.154% in blood while driving a bee cruise car with a alcohol content of 0.154% in blood, and led the Defendant to proceed to the speed of about 30km in the direction of the village where the room is located in the station.

At the time, there are nights and signals at fronts, so the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the brake system by accurately manipulating the other vehicles' attitudes in the signal lights and the fronts of the road and by safely regulating the speed in advance.

Nevertheless, the Defendant neglected this and failed to give the signal and the front door properly, and thus failed to operate the brake system at the time, and thereby was driven by the victim E (35) who was parked in the same lane in accordance with the vehicle stop signals at the same lane. The Defendant was driven by the victim E (35 years) who was driven by this FK3 car in accordance with the vehicle stop signals in the same lane.

After all, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dynasium in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes, such as a survey report on actual conditions, a report on drinking alcohol measurement records, a report on the circumstances of the driver of alcoholic beverages;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of fines for the crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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