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(영문) 서울중앙지방법원 2017.09.15 2017고단4284
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

On May 10, 2017, the Defendant driven DK9 automobiles with alcohol content of 0.152% while under the influence of alcohol during blood around 19:30 on May 10, 2017, and came to proceed one-lane of five lanes in front of the building in Gangnam-gu Seoul, Seoul, in the direction of the river basin in which the two lanes are located.

At the time, the Defendant rhythm the horses, and the blood color of the inside was so drunk that the Defendant did not properly look at the front and left, and did not work accurately, such as steering gear and brakes, while operating the steering gear and brakes. As such, the lower part of the Gring Vehicle of the Victim F (F, 54 years old), which was standing in front of the signal waiting distance in front of the signal waiting distance in the front direction, was received as the front part of the said K9 car.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the injury of the victim F, such as the catum cat, which requires a two-day medical treatment of the victim F, and the injury of the victim H (the 63 years old) who is the passenger of the above-learning motor vehicle, caused the injury of the catum cat, which requires a two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or I;

1. Statement made by the police with regard to F;

1. A traffic accident report (1), (2) (2) and (3) and a report on occurrence of a traffic accident;

1. A report on the detection of a driver at the driving school, a report on the results of measurement of drinking, a report on the circumstances of the driver at the driving school, an investigation report (report on the circumstances of the driver at the driving school),

1. Each written diagnosis of H and F;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles (No. 14 once a year);

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment provided for in the above crime against the victim H with a heavier criminal situation between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the injury caused by a dangerous driving) ;

1. Selection of each selective fine for punishment (at the time of accident);

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