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(영문) 서울중앙지방법원 2021.02.16 2021고정36
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 13 million.

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 Category B MUV vehicles.

1. On October 26, 2020, the Defendant violated the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Dangerous Driving) proceeded with the roads in front of Gangnam-gu Seoul Metropolitan Government C at an aesthetic speed while under the influence of alcohol level of 0.150% during blood transfusion around October 23, 2020.

In such cases, drivers shall accurately operate steering devices, brakes, and other devices, and have a duty of care to safely proceed with by living well on the front, left, and right.

Nevertheless, the Defendant neglected this and proceeded in the same lane by negligence, and led the victim D(W, 33 years old) who is waiting in the same lane, while driving the E K5 vehicle, and led the victim F(W, South, and 62 years old) who is driving on the front part of the vehicle in the front part of the vehicle in question, and continued to get the victim F(W, South, and 62 years old) who is driving on the front part of the vehicle.

As a result, the Defendant driven the above SUV vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury that requires stability and medical treatment for about two weeks, such as climatic and tensions, from the victim D, and from the victim F, the Defendant sustained injury that requires stability and medical treatment for about two weeks, such as the climatic, shoulder, and tensions.

2. The Defendant 1 driven the above vehicle under the influence of alcohol level of 0.150% in blood at the same time as the above A., and driven the above vehicle under the influence of alcohol level of 0.150% in Gangnam-gu Seoul, Seoul, with approximately approximately 565 meters from the offline to the front of C in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The survey report on the actual condition of the driver in charge, investigation report (report on the actual condition of the driver in charge) and the application of Acts and subordinate statutes to report on the investigation into the actual condition of the driver in charge, each written investigation into the occurrence of the traffic accident F in the police report with respect to D as a result of CD reproduction and viewing;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime committed.

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