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(영문) 서울동부지방법원 2020.04.10 2020고정39
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

At around 13:00 on October 6, 2019, the Defendant driven the above Aburged vehicle under the influence of 0.205% of blood alcohol concentration, and led the Defendant to drive the said Aburged vehicle according to four-lanes of the village basin located in the 1443-lane of the Gangwon-gu Seoul Metropolitan Government, both sides of the road located in the direction of the river basin.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely by checking the front side and the left side well.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and neglected to do so at the front of the car at the three-lane, followed the right side of the DNA high-speed car driven by the victim C(the age of 39) who was in the atmosphere of the signal at the three-lane, and shocked the pan-pur part into the front part of the said A high-speed vehicle

As a result, the Defendant driven the said A-Wurt Transported Vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim C, such as dump dump, tensions, etc., necessary for the treatment of approximately two weeks, and the victim E (V) who was accompanied by the victim E (V) who was accompanied by the victim’s vehicle, for about two weeks, the Defendant suffered from the injury of the light dump and tension.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Records of measurement of drinking alcohol, reports on the statement of the status of drinking drivers, and reports on the status of drinking drivers;

1. Investigation reports by each prosecutor (verification of the status of victim C treatment and hearing of statements about the situation immediately after an accident);

1. Investigation report (report on the circumstances of an immigration driver);

1. Investigation report (in relation to the application of the Tramark Official Form):

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (3) 1 and Article 44 of the Road Traffic Act.

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