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(영문) 서울중앙지방법원 2020.06.24 2020고단2016

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 11, 2010, the Defendant issued a summary order of a fine of one million won at the Seoul Southern District Court for a violation of the Road Traffic Act, and on November 28, 2019, the Defendant was sentenced to a suspended sentence of two years on December 6, 2019 by the same court for a violation of the Road Traffic Act.

1. On October 19, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven B 124C 0.112% of alcohol content while under the influence of alcohol around 05:10 on October 19, 2019, and proceeded to the intersection of B 124C occ in Seoul Special Metropolitan City, Gwanak-ro 57-ro 11 Croke-ro 57.

At the time, the Defendant, while driving the above Oral ba while under the influence of alcohol, such as influoring and walking, was taking the front part of the Defendant’s Oral fab, which had already entered the north side of the direction of Oral bab into the intersection to the left side of the direction of Oral bab, and was taking the front part of the Defendant’s Oral bab, and suffered from the victim E (V, 39 years old) and the victim F (V, 35 years old), respectively, for about two weeks of treatment.

As a result, the Defendant driven a motorcycle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of two victims.

2. The Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) at the same time and at the same place as above, driven the above occin in a section of about 1k meters under the influence of alcohol with a blood alcohol concentration of about 0.112%.

Accordingly, the defendant operated a motorcycle without obtaining a motorcycle driver's license, and violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on violation of the Road Traffic Act (driving a drinking alcohol or driving without a license);

1. Each written diagnosis and the register of driver's licenses;

1. Application of the Acts and subordinate statutes on criminal records, etc.; and