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(영문) 서울서부지방법원 2017.12.21 2017고단2761
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. On July 24, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a BN city car under the influence of alcohol level of 0.235% during blood transfusion on July 24, 2017, while driving the BN city car at the influence of 0.235%, and, at the same time, the Defendant proceeded three-lanes in the direction of rescue in the direction of the Gu from the riverside north-ro, Yongsan-gu, Seoul, along the direction of the 66-lane north-ro, in the direction of the Guidein.

In this case, a person engaged in driving of a motor vehicle has a duty of care to change the vehicle line by taking into account the traffic conditions before and after the change of the vehicle line.

Nevertheless, while the Defendant neglected to pay attention to it and changed the course from the three-lanes to the two-lanes, the Defendant was followed by the victim C (57 tax) who driven ahead of the Defendant in the same direction over the two-lanes, following the right side of the DMF7 car driven in the same direction, and received a panion in front of the left side of the Defendant’s car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the victim to suffer a confection that requires approximately two weeks of medical treatment.

2. Around 21:00 on July 24, 2017, the Defendant was under the influence of alcohol leveling of about 0.235% from the 6km section of Yongsan-gu to the north north of the 66km in the same day from a restaurant where it is impossible to know the trade name near the air exhauster in Dongjak-gu Seoul Metropolitan Government, to 21:46 on the same day, the Defendant driven a BN model while under the influence of alcohol leveling of about 0.235% in the 6km section of blood.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. Written appraisal of alcohol concentration in the blood;

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 and Article 148-2 (2) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment, etc.

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