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(영문) 서울남부지방법원 2017.03.24 2017고정249
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a Bran vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 8, 2016, the Defendant driven the above car on December 21:58, 2016, and led the Defendant to drive the car in the direction of a large path of one lane of the alley in front of Geumcheon-gu Seoul, Geumcheon-gu in the direction of a house.

Since it is a one-way road, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by complying with the ground display of the road.

Nevertheless, the Defendant driven a motor vehicle under the influence of alcohol concentration of 0.14% in alcohol while driving a motor vehicle while normal driving is difficult due to the influence of alcohol, and served the victim D(64)'s right generated on the road due to the negligence driving a one-way traffic route with the front right of the motor vehicle under the influence of alcohol level.

As a result, the Defendant suffered from the above occupational negligence such as proposing about 2 weeks of medical treatment and scambling of the identifying part of the case.

2. On the same date and time as paragraph 1, the Defendant was driving a motor vehicle under the influence of alcohol with a blood alcohol concentration of about 0.144% from the 1km section from Geumcheon-gu Seoul Metropolitan Government, to the accident site as set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement on the circumstances of the driver involved in the driving, and report on the punishment of the driver involved in the driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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