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(영문) 서울동부지방법원 2020.05.08 2020고단147
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a hybrid car.

On November 19, 2019, the Defendant driven the said car while under the influence of alcohol of 0.176% in blood alcohol concentration as of 01:50 in Songpa-gu Seoul, Songpa-gu, Seoul, along the two-lanes between the 4-lane between the 00-lane and the 0.176% in a remote market.

In such cases, the driver of a motor vehicle shall not drive the motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle in accordance with signal apparatus instructions.

Nevertheless, the Defendant neglected to pay the face while under the influence of alcohol, such as a red, influence, and a little big distance, and received the front part of the DPoter2 freezing, which the victim C (the age of 47) drives to the left from the opposite direction to the left in accordance with the new signals, due to the negligence of entering the intersection, even though the signal of the front side was a red signal.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim, such as the breath and the tension of the part where the details are not known, and the Defendant suffered from the injury of the victim, such as the breath and the tension in detail.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on the occurrence of traffic accidents, and reports on the actual state of drivers;

1. On-site photographs;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. The decision that each of the selective fines is the primary criminal defendant, the comprehensive motor vehicle insurance is subscribed, and the victim does not wish to punish the defendant.

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