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(영문) 서울북부지방법원 2017.06.27 2017고단1755
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

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

around 01:50 on April 7, 2017, the Defendant driven the above mar while under the influence of alcohol content of 0.190% in blood from the set-off road in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, the Defendant started two lanes in the 101-ro 71-ro of Sungwon apartment in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, with the relay of 30 kilometers in speed from the front side of the 101-ro 71-ro, the front side of the 101-ro 71-ro.

At the time, in the front of the driving vehicle, a crosswalk with signal lights installed on the front of the driving vehicle, and thus, in such a case, the driver was engaged in the driving duty, and the driver was at the duty of care to prevent the accident by accurately operating the brake system in accordance with the new subparagraph while keeping the safety distance with the vehicle in front of the driving vehicle.

Nevertheless, the Defendant neglected this and discovered the front vehicle which was stopped under the stop signals while driving under the influence of alcohol while drinking, but was negligent in operating the brake device late due to the influence of drinking, and caused the injury of the victim C(23 tax) who was under the signal waiting at the second lane of drinking, following such a DKa which was driven by the victim C(23 tax) who was under the signal waiting, and caused the victim to suffer approximately two weeks of the breath in front of the knife while driving the vehicle.

As a result, the Defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to people.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a traffic accident report, a survey report on actual condition, a statement on the situation of the occurrence of a traffic accident, a report on the detection of a primary driver, a report on the accident scene and vehicle photographs, and a medical certificate;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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