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(영문) 서울동부지방법원 2021.03.12 2020고단4356
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a radar car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 13, 2020, the Defendant driven the said car under the influence of alcohol level of 0.209% among blood transfusions on October 22:10, 2020, and led Seongdong-gu Seoul to drive the said car along a single-lane in the direction of gold heading distance.

There are three-distance crossings where signal lights are installed, so in such cases, there was a duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle in accordance with the signals such as an on-road signal.

Nevertheless, the Defendant did not look at the front signal, etc. and was due to the negligence of the head of the stop, and was driven by the victim D(W 49 years old) who was under way in accordance with the left-hand turn-hand turn-hand turn-out from the direction of the gold field at the time, and received the left-hand turn-hand part of the EMW car, which was driven by the Defendant, as the front-hand part of the said Ra.

Ultimately, the Defendant driven the pertinent radar car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s injury such as salt, tension, etc. in need of approximately two weeks medical treatment to the victim.

2. Defendant 1 driven a rash car as described in the above Paragraph 1 in the state of alcohol concentration of about 00 meters from the cafeteria cafeteria located in Seongdong-gu Seoul Metropolitan Government to the C-distance listed in the above Paragraph 1 at the time of the day specified in the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements to be prepared;

1. A criminal investigation report (verification of accident images);

1. A survey report on actual condition and photographs of accident images;

1. A report on the circumstances of the driver who is to be employed, a report on the situation of the driver who is to be employed, and a report on the detection of the driver;

1. A place where drinking is output;

1. Photographs photographs of a damaged vehicle's black stuff;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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