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(영문) 서울동부지방법원 2018.08.24 2018고단2105
특정범죄가중처벌등에관한법률위반(위험운전치상)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

Criminal facts

1. The Defendant is a person who is engaged in driving a motor vehicle with lurburged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 16, 2018, the Defendant driven the said car under the influence of alcohol content of 0.137% among blood transfusions on May 16, 2018, and led the Defendant to drive the said car in the direction of driving in the direction of driving in front of the shooting distance of the Seocho-dong elementary school located in Gangdong-dong, Gangdong-gu, Seoul.

Since there is a vehicle on the front side, in such a case, the person engaged in driving a motor vehicle has a duty of care to secure the safety distance and drive the motor vehicle safely by checking the front side and the right and the right.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding and brought about the back part of the victim C(46 years) who was driven by the signal waiting at the front of the road, with the influence of the alcohol, which was driven by the victim C(46 years) who was driven by the signal waiting at the front.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as a hot spring, in which there is no room within two open areas requiring three weeks medical treatment.

2. Defendant 1 driven a motor vehicle with alcohol concentration of approximately 0.137% at a section of about 300 meters from the upper corner of a bridge located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul, to the front edge of the Seocho-gu, Ycheon-dong, Gangdong-gu, Gangdong-gu, Seoul, with a view to the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Reports on traffic accidents, restrictions on drinking records, and reports on the detection of drivers engaged in driving;

1. A medical certificate;

1. Investigation report (the above dmark);

1. Application of the photographic Acts and subordinate statutes;

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

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