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(영문) 서울동부지방법원 2018.07.19 2018고단1705
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has driven a car B i30 driver on duty.

On May 7, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.102% during blood transfusions on May 7, 2018, and continued to drive the above vehicle at a speed of 642 (Hayangdong) in front of the Seoul Jyang-dong post office located in Gwangjin-gu Seoul Special Metropolitan City, at a speed of the direction toward the shooting distance from the boundary of the Jidae-dong.

In such cases, there was a duty of care to prevent accidents by safely driving a person engaged in driving motor vehicles, etc. by taking into account road conditions.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform his duty at the front time and neglected to do so, led the Defendant to the front part of the vehicle in front of the victim C Driving who stopped in front of the direction of the Defendant’s proceeding.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim to suffer bodily injury, such as salt, tension, etc. in a state of light that requires a medical treatment for about two weeks, and driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the detection of a primary driver;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of a selective fine (such as the fact that the degree of injury to the victim is not severe, the fact that the vehicle is covered by the comprehensive motor vehicle insurance, the fact that the agreement is reached with the victim, and the fact that the defendant is the primary offender);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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