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(영문) 서울중앙지방법원 2019.10.17 2019고단5038
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a B B B B B B B B B car.

1. On July 17, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car under the influence of alcohol concentration of 0.230% due to its normal driving on July 17, 2019, while driving the said car, leading the front road of Gangnam-gu Seoul Metropolitan Government to the front road of Gangnam-gu Seoul Metropolitan Government along the five-lane distance from the remote distance from the bankruptcy park.

At that time, since the location was at night and the center line was installed, a person engaged in driving of a motor vehicle has a duty of care to see the front side and observe the driving line, and to prevent accidents due to driving.

Nevertheless, the criminal suspect's negligence of driving the car in the center line in a situation where it is difficult to drive the car in a normal condition while under the influence of alcohol, and the part of the front part of the EM5 car driven by the victim D(55 years old) who was in the atmosphere of traffic at the two-lanes of the adjacent part was shocked in the front part of the car of the criminal defendant.

Ultimately, the Defendant by such negligence sustained the injury of salt and tensions to the above victim, which requires treatment for about two weeks, and the injury of salt and tensions to the victim F (the 52 years old), who was on board the victim’s car, to the victim F (the 52 years old), requiring treatment for about two weeks.

2. Around 04:20 on July 17, 2019, the Defendant driven a B B B B B B B Blue-ri vehicle from the road near the Gangnam-gu Seoul Westerndong to the voltage-gu Seoul, Gangnam-gu, to the distance between the 302 Sung Man-gu and the south by the pressure-gu, Gangnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. Investigation report on the actual condition, report on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. On-site photographs;

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