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(영문) 수원지방법원 성남지원 2018.12.20 2018고단2104
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

1. The Defendant is a person engaging in driving a vehicle BMW 320D under the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On July 31, 2018, the Defendant driven the said car under the influence of alcohol content of 0.224% in blood, and driven the said car at a speed of about 80km per hour according to the speed of about 80km in the front side of the Sungnam-gu Incheon Metropolitan City C in front of the Pungnam-gu.

At the same time, there was an intersection where signal lights are installed, so in such a case, there was a duty of care to observe the signal to the person engaged in driving service, to make the right and the right well living well, and to prevent the accident by driving safely.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리 한 채 그대로 진행한 과실로, 위 1 차로에서 신호 대기하며 정차 중이 던 피해자 D(36 세) 운전의 E 다이 너스 티 승용차의 뒤 범퍼 부분을 위 BMW 승용차의 앞 범퍼 부분으로 충격하여, 위 다이 너스 티 승용차로 하여금 튕겨 나가 좌측에 설치된 인도를 충격하게 하였다.

Accordingly, the victim suffered injury for about 3 weeks, such as salt panions and tensions, and injury that requires about 5 weeks' medical treatment, such as the escape of scarcitys, from the East F (M 47).

As a result, the Defendant, while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking, sustained the injury of the victim F, who is a passenger of the driver car, for about five weeks, such as the base of chill, tension, etc., which requires a three-day medical treatment, and suffered from the injury of the victim F, who is the passenger of the driver car, for about five weeks.

2. On July 31, 2018, the Defendant violated the Road Traffic Act (drinking) at around 00:53, the Defendant was under the influence of alcohol by 0.224% of alcohol concentration in blood on the section of approximately 5km from the west-gu Seoul, Songpa-gu to the roads adjacent to the songnam-gu, Songpa-gu, Seoul.

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