(영문) 서울남부지방법원 2017.11.22 2017고정1726

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줄 간격

자간(%)

(영문) 서울남부지방법원 2017.11.22 2017고정1726

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and is engaged in the driving of the B M& car.

On July 7, 2017, the Defendant driven a car under the influence of alcohol from around 21:10 to 0.128% of alcohol, which is difficult to drive normally, and opened an intersection in front of Guro-gu Seoul Metropolitan Government and moved bypassing it to the direction of an erroneous traffic distance from the 1st long distance outflow.

At night, a crosswalk is installed at the front of the right-hand side, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to take care of the front and right-hand side while under the influence of alcohol and to accurately manipulate the steering gear and the brake system and to prevent the accident from spreading.

Nevertheless, the Defendant neglected to do so and received the part of the victim D (61) who crosses the crosswalk to the port from the right side of the running direction of the marina car driven by the Defendant due to negligence by the Defendant who was under the influence of alcohol. The Defendant was able to receive the front part of the marina car driven by the Defendant.

As such, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as her mare, which requires approximately three weeks of treatment, to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B Mart car under the influence of alcohol concentration of about 2 km from the front of a restaurant in Guro-gu Seoul Metropolitan Government opened one-way around a day to the front intersection of Guro-gu Seoul Metropolitan Government, while under the influence of alcohol concentration of about 0.128%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. A written statement prepared in E;

1. Reports (1), (2) on traffic accidents;

1. A report on detection of a driver of a driving school and measurement results of drinking;

1. The application of the law of the medical certificate.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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