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(영문) 서울중앙지방법원 2020.09.15 2020고단4575

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

1. On April 14, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) was under the influence of 0.217% of alcohol concentration around 03:30,00, while driving a Malaysia car in the vicinity of the Gwanak-gu Seoul Special Metropolitan City, 200.217, the Defendant refused to comply with the demand for suspension from the Maak Police Station Net 31, etc., which was called out after receiving 112 report that is suspected of being suspected of drinking, and proceeded to the direction of the Gwanak-gu in Seoul Special Metropolitan City, while driving the Mari vehicle at a speed of about 103km/h level in the direction of the escape.

At the time, the Defendant, while driving the said car in a situation where it is inaccurate that the Defendant is infinite and walking is difficult to drive the car in a normal manner, he continued to receive a traffic island and traffic safety sign from the front part of the Defendant’s vehicle and sustained the victim’s side of the victim C (V, 20 years old), waiting for the pedestrian signal in the traffic island, and suffered approximately two weeks of medical treatment.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, thereby causing the injury of the victim.

2. The Defendant was under the influence of alcohol level of 0.217% at the above temporary border, and the Defendant was driving the said horse b at a section of about 2 km from the area near the new forest station located in the Gwanak-gu Seoul Special Metropolitan City, to the roads in front of the above Seoul Special Metropolitan City Countergambal Road.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the reproduction and viewing of black boxes and video CDs;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report, a survey report, and an accident site photograph;

1. A medical certificate;

1. The circumstantial statement statement, investigation report, and blood alcohol appraisal report of the drinking driver;

1. A detailed statement of the processing of 112 reported cases and documents related thereto;

1. Application of Acts and subordinate statutes to report internal investigation and investigation (No. 16,30,32 No. 16,32)

1. Relevant Articles of the Act concerning the facts constituting the crime;