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(영문) 서울중앙지방법원 2020.08.25 2020고단3776

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[Criminal Power] On February 12, 2016, the Defendant was issued a summary order of KRW 3 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

The defendant is a person driving a BM3 car.

On April 28, 2020, at around 01:55, the Defendant driven the said car while under the influence of alcohol with 0.160% of alcohol concentration, and driven the said car to the private distance of the bankruptcy park in Gangnam-gu Seoul, Seoul, and went to the private distance of the bankruptcy park, in violation of the new subparagraph, the Defendant was negligent in driving the vehicle at front of Gangnam-gu, Seoul, while going to the private distance of the bankruptcy park and going to the right from the office of Gangnam-gu, Gangnam-gu, Seoul, in violation of the new subparagraph, and caused the Defendant’s injury, such as the victim’s Da (Nam, 44 years old)’s driving Eba, which was proceeding in accordance with the new subparagraph, to the private distance of the bankruptcy park, by taking the victim’s front part of the vehicle of the Defendant’s driver’s vehicle, with approximately six weeks of the lower part requiring treatment.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. A medical certificate;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. Reports on internal investigation (No. 8 No. 5 of the evidence list);

1. Criminal records as stated in the judgment: The results of criminal records, investigation reports (finite of a copy of the previous criminal records and summary order), and application of Acts and subordinate statutes concerning summary order;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Articles 5-11 (a) and 148-2 (1) of the Road Traffic Act (a point of the injury caused by dangerous driving), and the choice of imprisonment for each sentence, as to the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;