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(영문) 서울남부지방법원 2018.03.27 2018고단294
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who drives a vehicle B with the highest influence, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 25, 2017, the Defendant driven the said car under the influence of alcohol level of 0.132% among blood transfusions on December 25, 2017, and led the Defendant to drive the said car in the influence of alcohol level of 0.132% in accordance with one-lane between the first four-lane area and the first one-lane between the new IIC bank and the New IIC bank.

Inasmuch as at the time of night and without a lot of vehicle traffic, a person engaged in driving a motor vehicle has an occupational duty of care to prevent accidents by accurately operating the operation and steering gear of the motor vehicle, and by neglecting his/her duty of care to prevent accidents, while neglecting his/her duty of care, thereby leading the victim D(52 years old)'s back of the victim D(52 years old) who driven a motor vehicle in the middle of the two-lane in front of the Defendant's running direction by failing to perform his/her duty of care to prevent accidents. As such, the victim suffered injury, such as chills, tensions, etc. in the direction of two-day medical treatment for the victim, who is the passenger of the said cab, by failing to perform his/her duty of care to prevent accidents.

2. Around December 25, 2017, the Defendant violated the Road Traffic Act (drinking) driven a B-hand car under the influence of alcohol leveling 0.132% from the road front of a mutual influent restaurant located in the Gwanak-gu Seoul Special Metropolitan City, to the road front of Yangcheon-gu Seoul Metropolitan City, to approximately 10km.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. A traffic accident report;

1. Blue boxes and video CDs;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes, such as a written diagnosis (D) and a written diagnosis (F);

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 hazard) concerning the crime, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Commercial concurrence;

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