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(영문) 서울중앙지방법원 2020.10.13 2020고단6102

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 19, 2009, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch, and on May 6, 2013, a summary order of KRW 5 million for the same crime, etc. at the Sungwon District Court’s Sungnam Branch Branch, respectively.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

On July 6, 2020, the Defendant driven the above vehicle at around 00:20, while driving the vehicle, and driving the one-lane to the new Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), from the front of the Defendant’s driving due to the influence of drinking, caused the injury to the victim E (the victim E (the 74 years old), who was on board the victim’s vehicle, by driving the vehicle at around 00:20, the part of the back of the DNA driving of the victim C (the 78 years old) who stopped without permission while driving the vehicle in front of the direction of the Defendant’s driving due to negligence in the course of duty, and driving the vehicle at around 2 weeks. The Defendant suffered the injury of the victim E (the 74 years old) who was on board the victim’s vehicle, by taking the front part of the Defendant’s vehicle and getting the victim C to undergo approximately 2 weeks medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driven the said vehicle under the influence of alcohol by 0.189% from the 71st two roads of Geumcheon-ro to the 1st place in the above paragraph (1).

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. As a result of the Defendant’s legal statement reproduction and viewing of the CD, a traffic accident report in the occurrence of C’s traffic accident, a photographic diagnosis, a statement on the circumstances of the driver, and a criminal investigation report (main driver’s status report);

1. Criminal records as indicated in the judgment: Application of each of the criminal records, inquiry reports, investigation reports, and summary order Acts and subordinate statutes;

1. The aggravated punishment, etc. of specific crimes as provided in the corresponding laws regarding criminal facts.