beta
(영문) 서울동부지방법원 2020.11.19 2019고정1020

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle owned by the defendant as a driver for CMW520D.

On June 28, 2019, around 23:00 on June 28, 2019, the Defendant driven a CMW520d car quantity owned by the mother B while under the influence of alcohol exceeding 0.08% of alcohol level from the building in Songpa-gu to the underground parking lot (B4) of the Songpa-gu Office Etel (B4).

Summary of Evidence

1. Application of the Acts and subordinate statutes governing booms in the first trial records, including the defendant's partial statement, the fact-finding report on the drinking measuring instrument, the report on the circumstances concerning drinking drivers, and the investigation report;

1. Relevant Article of the Act and Article 148-2 (3) 2 of the Road Traffic Act and the selection of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On June 28, 2019, the Defendant asserted as to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, and the Defendant returned to the entrance of an officetel underground parking lot through a substitute driving around 22:30 on June 28, 2019. However, the Defendant returned a substitute driver around 23:00 and driving the vehicle directly to park in the underground parking lot.

In addition, at around 23:05, the Defendant 23:05 caused an accident of contact with Kana vehicle which was temporarily stopped in the underground parking lot. However, even before the underground parking lot, there was a strong mind that the accident occurred while driving was parked only before the underground parking lot, and that the accident was faced with a crisis that would be dismissed at the difficult workplace, the Defendant lost the nature, and parked his vehicle by driving up to 4th underground (the second drinking), while driving the so-called so-called 1 disease on the vehicle, which was kept for rent, on the vehicle, by driving up to the fourth underground.

After that, the Defendant measured at around 00:00 on June 29, 2019, at around 00:131% of blood alcohol concentration, but at the time, at the time, 90 minutes passed from June 28, 2019, when drinking was completed, at around 0:30 on June 29, 2019.

The defendant shall make a primary drinking.