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(영문) 서울동부지방법원 2021.03.19 2020고단4214

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a motor vehicle with soflurged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 23, 2020, the Defendant driven the said car under the influence of alcohol level of 0.204% among blood alcohol level around 09:06, and was waiting for six lanes in front of Songpa-gu Seoul, Songpa-gu, Seoul, along the four-lanes in the direction of locking room in a comprehensive playground.

The Defendant, while driving a motor vehicle at the time, was driven while driving and falling off from the brakes, was driven by the victim D (W, 52 years old) who was in front of the above road, and was in front of the traffic signal in front of the above road. The lower part of the U.S. car was driven by the Defendant as the front part of the driver car.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as the right shoulder, tension, etc. which requires approximately two weeks medical treatment to the victim D.

2. On the same day as paragraph 1, the Defendant was driving a motor vehicle with 0.204% alcohol concentration in blood on the road from the front of Songpa-gu Seoul to the front of Songpa-gu Seoul, to the road in front of Songpa-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. To inquire into records of drinking alcohol measurement, reports on the circumstances of drivers of drinking, and the results of crackdown on driving alcohol;

1. Investigation report (report on the situation of the driver in charge) and investigation report (a document, etc. accompanied by the victim's confirmation document, etc.);

1. Bluice stuffs images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 1 of the Road Traffic Act and the selection of fines for the crime;

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. The blood alcohol concentration is very high at the time when the reason for sentencing of Article 334(1) of the Criminal Procedure Act is driving.