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(영문) 서울동부지방법원 2018.01.16 2017고단3836
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On September 13, 2017, the Defendant: (a) driven a B co-bandon truck while under the influence of alcohol content of about 0.153% from the parking lot adjacent to the 3rd place of the Geum River, which was diving in Songpa-gu Seoul, Songpa-gu, Seoul, to approximately 65 meters in front of the parking lot, at approximately 50 meters from the 3rd place of the Geum River, to the road in front of the parking lot.

2. Around September 13, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above cargo vehicle under the influence of alcohol with a 0.153% alcohol concentration in blood, and led the Defendant to drive the said cargo vehicle at a speed of about 10km in the direction of the playground in the direction of the locking room.

Since there is a place where the center line of yellow solid lines is installed, the driver has a duty of care to prevent accidents in advance by accurately manipulating changeers in the right lane of the center line to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant, while driving at the right edge of the center line of the yellow real line, was operated in the direction of a sudden changeer, operated in the direction of a sudden changeer, and proceeded ahead of the above cargo due to the negligence behind the above cargo, and was driven by the victim C(37 ) who was stopped, and was driven by the victim C(37 ).

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as the climatic salt, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, a report on measurement of drinking alcohol, and a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts and the choice of punishment.

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