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(영문) 서울중앙지방법원 2018.01.25 2017고단8754
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. Around 10:05 on November 18, 2017, the Defendant driven a DNA car with alcohol concentration of about 0.163% in the 6km section from the roads near Gangnam-gu Seoul to the roads in front of Gangnam-gu Seoul, a place of accident, around 10:05.

2. On November 18, 2017, the Defendant, who is engaged in driving of a motor vehicle DAD and driven the said motor vehicle under the influence of alcohol level of 0.163% at around 10:05 on November 18, 2017, while driving the said motor vehicle at a speed that is not visible to the intersection of the high speed terminal between the four-lanes in front of Seoul, Gangnam-gu Seoul.

Since the location is an intersection where signal lights are installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and neglected to do so, and was driven by the victim E (59 years old) driving in the direction of the new line from the shooting distance to the intersection by the new line due to the negligence in violation of the new code, and received the part of the victim E (59 years old) driving in the front line of the car driving of the Defendant.

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and the Defendant suffered approximately two weeks of medical treatment from the victim, the right-hand section and the top-down section.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. Application of Acts and subordinate statutes to a survey report on actual condition, notification of the results of regulating drinking driving, diagnostic certificate, vehicle photograph of the accident vehicle, and report on internal death (the application of the aforementioned dmark formula);

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each fine shall be imposed.

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