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(영문) 서울동부지방법원 2019.05.01 2019고단660
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine not exceeding ten million won.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Criminal facts

1. The Defendant is a person who is engaged in driving a vehicle in B in the Zone B.

On February 22, 2019, the Defendant driven the said car under the influence of alcohol level of 0.192% on blood alcohol level around 21:23, and led to a seven-lane road in front of Songpa-gu Seoul Metropolitan Government along the 7-lane road from the waterside of the village to the D market slope.

Since there are seven lanes of road, and vehicle traffic frequently, the driver of the vehicle has a duty of care to safely drive the vehicle by properly manipulating the steering direction and the system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and found early after the Defendant temporarily stops the F rocketing taxi driven by the victim E (the age of 64) prior to the said seven-lane due to the negligence of not operating the brakes, and received the part of the victim’s vehicle behind the Defendant’s vehicle in front of the said vehicle.

After all, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dynasium in need of treatment for about two weeks.

2. Violation of the Road Traffic Act (PP) at one time and at one time, the Defendant driven a motor vehicle in the sprink while under the influence of alcohol with approximately 800 meters alcohol concentration of about 0.192% in the section of about 800 meters from the Do in front of the “H” restaurant located in Songpa-gu Seoul Metropolitan Government to the place of paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, records of measurement of drinking, and medical certificates;

1. Provisions of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (before amended by Act No. 16037, Dec. 24, 2018);

1. The former part of Article 37 and Article 38 of the Criminal Act among concurrent crimes;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act is the Republic of Korea.

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