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(영문) 서울중앙지방법원 2020.10.13 2020고단6196
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 20 million won.

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 mixed fish code vehicle B.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven the said vehicle under the influence of alcohol content of approximately 0.203% on July 29, 2020, while driving the said vehicle at around 01:50% of alcohol content, and driven the road near Gangnam-gu Seoul Metropolitan Government at a speed that cannot be known to the area of a D hospital from the new-dong bank.

At the time, the accident place was in the vicinity of the intersection where signal, etc. was installed, and there was a fststy taxi vehicle of the victim E (ma, 58 years old) who was driven by the flow of traffic at the front of the defendant, and in such a case, there was a duty of care to reduce speed to the driver and to prevent the accident by driving safely by safely driving the vehicle in accordance with the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and did not live well before the Defendant, and was in the front part of the Defendant’s mixed fish code vehicle, which was driven by the Defendant, due to the negligence of driving the victim as it is.

Ultimately, the Defendant driven the said vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as crypitis, tension, etc., which requires medical treatment for about two weeks.

2. Around 01:50 on July 29, 2020, the Defendant driven B mixed-use vehicle under the influence of alcohol content of approximately 0.203% in the section of approximately 300 meters from G to the same H road near Gangnam-gu Seoul, Gangnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to report on the actual condition of E in the occurrence of traffic accidents as a result of the CD reproduction and viewing; each actual condition investigation report; photographic diagnosis report; circumstantial statement report; investigation report; and internal investigation report;

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

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