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(영문) 서울중앙지방법원 2018.03.29 2017고단7916
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. On August 24, 2017, the Defendant, who is engaged in driving of CK3 vehicles, was driving the said vehicle around 00:07, and led the Defendant to drive the said vehicle in front of the E veterinary hospital located in Dongjak-gu Seoul Metropolitan Government D, in front of the road in front of the E veterinary hospital located in Dongjak-gu Seoul Metropolitan Government, in the direction of the flow-distance basin of the 3-lane between the two-lanes.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by safely manipulating the steering direction and brake system of the motor vehicle in the front time.

Nevertheless, under the influence of alcohol, the Defendant was driven by the Victim F (60) who was standing in the signal atmosphere at the front by negligence while driving a stroke while neglecting this, and was driven by the Defendant as the front part of the Defendant’s car.

As a result, the Defendant suffered injury, such as climatic salt, which requires approximately two weeks of medical treatment due to the above occupational negligence, to the victim while normal driving is difficult due to influence of drinking.

2. Around August 24, 2017, the Defendant violated the Road Traffic Act (drinking) driven CK3 car at a section of about fivekm while under the influence of alcohol for about 0.153% while under the influence of alcohol on the roads near the dorodo-dong, Yeongdeungpo-gu Seoul Metropolitan Government, to the roads adjacent to the dorodo-dong, E Hospital located in Yeongdeungpo-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, a traffic accident report, a drinking record book, a report on the detection of a driver in charge of driving, a report on the scene of an accident, a photograph of the vehicle, a diagnostic certificate, or a investigative report (whether the said

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily harm to the driving of a dangerous motor vehicle) and each of the fines shall be selected.

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