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(영문) 서울중앙지방법원 2020.08.11 2020고단4042

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On July 13, 2006, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act by the Seoul Southern District Court.

【Criminal Facts】

The Defendant is a person who is engaged in the operation of MW101WH.

On May 31, 2020, at around 22:35, the Defendant, while driving the above Otoba while under the influence of alcohol with 0.179% of alcohol concentration, and driving the front road in front of Gangnam-gu Seoul, Seoul, along the two-lanes from active duty-free area to the new active duty-free area of the five-lanes, the Defendant, by negligence, committed a part of the left-hand side of the ECA 1105 Otoba, which is driven by the victim D (Nam, 54 years old) who was crossinging the signal in accordance with the pedestrian signals at the front direction of the Defendant.

In the end, the Defendant, while driving a dysa in a state where normal driving is difficult due to influence of drinking, suffered injury to the victim, such as cage cages and tensions, which require approximately two weeks of medical treatment, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Results of viewing CCTV images CD reproduction;

1. The actual condition survey report;

1. Statement on the occurrence of D traffic accidents;

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. Each report on internal investigation:

1. Criminal records as stated in the judgment: Criminal records, inquiry reports, investigation reports (Attachment to summary orders), and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article 5-11 (1) (main sentence) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes shall be aggravated within the scope of adding up the long-term punishment of two crimes, and the lower limit thereof shall be the violation of the Road Traffic Act (the crime of driving under the influence of alcohol);