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(영문) 서울서부지방법원 2018.12.13 2018고단3244
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

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

On July 13, 2018, 01:40, a person who was under the influence of alcohol with a alcohol content of 0.138% during blood, and driving the said car along the two lanes prior to Yongsan-gu Seoul Metropolitan Government along the Han River as the Han River intersection from the surface of the village and the Han River intersection.

At night, there is a bus stop in the front door, and thus, the driver of the motor vehicle shall not drive the motor vehicle while normal driving is difficult due to influence of drinking, and the driver has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as making a good report on the traffic situation of the front door, accurately manipulating the steering system, etc.

Nevertheless, the Defendant neglected this and proceeded as it was, and the rear part of the bus F 6211 route which was driven at the bus stops was shocked by the front part of the said car.

As a result, the Defendant suffered injury to the victim G, a bus passenger, such as the number of days of treatment due to the foregoing occupational negligence, in a situation where normal driving is difficult due to the influence of drinking, such as the salt, tension, etc. of the medical treatment days.

2. On July 13, 2018, the Defendant was under the influence of alcohol content of 0.138% during blood transfusion around 01:40 on July 13, 2018, the Defendant driving a DNA HG car from the Seocho-gu Seoul Metropolitan Government Non-Road Subdivision to the roads in Yongsan-gu Seoul, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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 concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), and each of the fines shall be selected.

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