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(영문) 서울중앙지방법원 2021.01.20 2020고단5806

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 3, 202, the Defendant: (a) driven a BCCORD car while under the influence of alcohol level of 0.157% in blood at around 12:02 on August 3, 202; and (b) entered the 3-lane straight line depending on the action in Seocho-gu Seoul as the action in Seocho-gu, Seoul.

At the time, the Defendant, while driving the said car in a state where the walking is inaccurate, and the walking is in a remote distance, was due to the negligence of changing the course of the vehicle and making a bypassing it into four-lanes to the right side of the traffic direction, the Defendant received the front gate part of the D-crare drive of the D-cracking car, which was driven by the Defendant, as the rear part of the Defendant’s vehicle’s front part. At the same time, the Defendant suffered the salt of the shoulder gate, which requires approximately three weeks of medical treatment, from the victim E (the 67 years old, female) who is the passenger of the damaged vehicle, and at the same time, suffered approximately two-day of cat fluoral dum fare that requires medical treatment.

Accordingly, the Defendant was driving the said car in a state where it is difficult to drive the car normally due to the influence of drinking, thereby causing injury to the victims.

2. On December 12, 2016, the Defendant has been issued a summary order of a fine of five million won at the Incheon District Court due to a crime of violating the Road Traffic Act.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.157% during the blood transfusion at the time of the above day, was driving the above ACCORD car from the 150 Yongsan-gu, Yongsan-gu, Seoul to the above completion intersection. The Defendant driven the above ACCOR car from around the 150 Yongsan-gu to the above completion intersection.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice, and the summary of the evidence

1. A written statement of the defendant C in court;

1. A survey report on actual conditions;

1. A report on the detection of a driver in the main place and a video CD in the incident of a drinking measurement;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act concerning criminal facts.