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(영문) 서울중앙지방법원 2020.05.18 2020고단1081

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

The defendant is a person who drives a motor vehicle in B.

On January 17, 2020, the Defendant driven the said car under the influence of alcohol level of 0.109% on blood alcohol level at around 18:20, while driving the said car, according to the Olympic Winter Zone four-lanes in front of Gangnam-gu Seoul, Seoul, along with three-lanes of sexual intercourse from the area of the same parallel. As above, in a situation where normal driving is difficult due to the influence of drinking, the Defendant was negligent in driving the said motor vehicle under the influence of drinking, while driving the said motor vehicle, and driving the motor vehicle in the same direction at the front of the Defendant’s vehicle. The lower part of the victim D (Nam, 46 years old) driving the motor vehicle in the ENS in the direction of the same direction was added to the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as the influoral dynasium in the Japanese colonial era, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. A traffic accident report;

1. The circumstantial statement of a drinking driver, the circumstantial report of a drinking driver, the notification of the results of the crackdown on drinking driving, and the measurement sticker;

1. A medical certificate;

1. Photographs of sea-caused vehicles and damaged vehicles;

1. Blue boxes and video CDs of damaged vehicles;

1. Application of Acts and subordinate statutes to a report on investigation (a written diagnosis submitted by a victim);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 148-2 (3) 2 of the Road Traffic Act and the choice of imprisonment with prison labor

1. From among concurrent crimes, Article 37 (former part), Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, to the punishment provided for in the aforesaid two crimes);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment to be imposed].