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(영문) 서울중앙지방법원 2020.08.26 2020고단2022
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a vehicle Benz G350.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said vehicle under the influence of alcohol of approximately 0.185% on March 12, 2020, while under the influence of alcohol content of blood around 05:40%, and led the said vehicle to a speed that cannot be known to the designated hills of the area near Gangnam-gu Seoul Metropolitan City from the shooting distance of light apartment.

At the time, there was a new wall and a vehicle that was in the atmosphere of signal signal at the front, so in such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle by reducing speed and checking well the front door.

Nevertheless, the Defendant neglected this and was driven by the victim D(the age of 44) who was on the front side of the vehicle that the Defendant was driving while the Defendant was unable to drive normally due to influence of drinking, and was driven by the victim D(the age of 44) in front of the vehicle that the Defendant driven.

As a result, the Defendant driven the above vehicle in a state where it is difficult for the Defendant to drive the vehicle normally while under the influence of alcohol, and suffered injury, such as salt, tension, etc., for about two weeks of medical treatment.

2. Around 05:40 on March 12, 2020, the Defendant driven the said vehicle under the influence of alcohol content of approximately 0.185% at the section of approximately 1.5km from the Gangnam-gu Seoul, to the roads near the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Drinking-powered output;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. The Criminal Act for the detention of a workhouse;

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