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(영문) 서울동부지방법원 2020.06.19 2020고단749
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

On December 21, 2019, at around 04:10, the Defendant driven the said car with a blood alcohol concentration of 0.167% on the three-lane road in Seongdong-gu Seoul Metropolitan Government, Seoul, along with a two-lane from the Seoul Forest Conservation Zone to the Sungdong Bridge.

At the same time, since the vehicle was in the atmosphere of signal signal at the front time, the person engaged in driving service has a duty of care to properly see the right and the right of the front door, and to prevent the accident by accurately manipulating the steering direction and the brake system.

Nevertheless, the defendant, however, has been placed in front of the motor vehicle of the victim D(the age of 46) who was stopped in the front of the driver's vehicle due to the negligence of the victim D(the age of 46) who was under the influence of the normal driving due to the influence of alcohol, such as drinking and smelling.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as salt, tensions, etc. of a tension, which requires two-day medical treatment for the victim D, and suffered injury to the victim F (the victim F (the 40-year-old-old-age-old-age-old-age-old-age-old-age-old-age-old-water treatment for about three weeks

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report (1), (2) , on-site photographs, damaged photographs, and statement in the occurrence of the traffic accident;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the circumstantial statement of a drinking driver, data from output of a drinking and smoking machine, and the report on detection of a drinking driver;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning the criminal facts under the corresponding Act;

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 and Article 38(1)2 of the Criminal Act are applicable;

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