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(영문) 서울중앙지방법원 2019.05.24 2019고정991
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On January 31, 2019, at around 02:15, the Defendant driven the said car with a blood alcohol concentration of 0.106%, and entered the front side road of Gwanak-gu in Seoul Special Metropolitan City to the south cycle, and changed the vehicle line from the front side road of Gwanak-gu to the first lane.

At night, inasmuch as it was difficult for a person engaged in driving service at night, there was a duty of care to make the vehicle not to drive a motor vehicle in a situation where it is difficult to drive a motor vehicle normally due to drinking, by operating direction, etc. to give notice of change in course, by well-being the traffic situation of the front and rear

Nevertheless, the Defendant, while neglecting alcohol and changing the tea line as it is, was driven by the victim D (Nam, 36 years old) who was driving in one lane in the same direction, and was driven by the Defendant as the front part of the car driving seat in front of the car driving seat of the victim D (Seoul, 36 years old).

As above, the Defendant suffered, as a result, salt ties and tensions that need to be treated for about two weeks by occupational negligence to the victim D, while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and the Defendant suffered approximately two weeks from the victim F, who was on board the said car in the foregoing car (the age of 33) with salt ties and tensions that need to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident by D or F;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the report on the statement of the state of the driver, the investigation report (the report on the state of the driver, and the investigation into the Ba mark);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 of the Road Traffic Act (the point of driving while driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are committed.

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