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(영문) 서울북부지방법원 2020.05.21 2020고정205

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 02:30 on November 9, 2019, the Defendant was driving a FM5 vehicle while under the influence of alcohol leveling 0.104% of alcohol level at approximately 5.4km from the front of a restaurant located in the Seoul Western-gu Seoul Metropolitan Government, to the front of an E-cafeteria located in the Seoul Special Metropolitan City, Nowon-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driven in front of the E-cafeteria in Seoul Special Metropolitan City, Nowon-gu, while under the influence of alcohol, the Defendant was driving the said car at a single-lane speed between the three-lane roads in the air hill area and the air hill area.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as taking the front side and left side well and accurately operating the steering gear and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in performing his duties and was negligent in driving on the two-lane right-hand side of the Victim G Driving G in the same direction as that of the instant car operation. However, the Defendant got off the driver’s seat of the victim G Driving G, who was driven two-lanes on the same right-hand side of the instant car operation.

After all, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as knife, knife, knife, knife, and knife

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of traffic accidents in relation to G, report on the actual status of traffic accidents, results of the measurement of drinking, report on the dispatch police officers, etc.;

1. Application of Acts and subordinate statutes to certificates of admission/discharge, evidence, images and photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the selection

1. Article 37 of the Criminal Code among concurrent crimes.