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(영문) 서울중앙지방법원 2020.08.13 2020고단2715
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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 of a BAD A3 car.

On April 11, 2020, the Defendant driven the above vehicle while under the influence of alcohol of 0.182% of blood alcohol concentration at around 03:20, and received the back portion of the Ebenz GLE350-D car driven by the Defendant in the front direction of the Defendant, by negligence, while he negligent in driving the front road of Gangnam-gu Seoul Metropolitan City along three-lanes from the boundary of the intersection between the intersection of the Sung River and the intersection of the Sung River, which was driving in the front direction while he was negligent in driving the three-lanes.

After all, the Defendant driven a drinking motor vehicle as above, while it is difficult to drive a motor vehicle normally due to influence of alcohol, and was driving the motor vehicle as above, and suffered injury to the victim and the victim F (the age of 26) who was on board the said benz motor vehicle for about two weeks, such as salt ties and tension.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident by D or F;

1. The actual condition survey report;

1. Notification signs, etc. of the results of drinking driving control;

1. Each written diagnosis;

1. Traffic accident ctv video CDs;

1. Application of Acts and subordinate statutes to investigation reports (report on the circumstances of an employer), investigation reports (as to the status of a suspect at the time of regulation);

1. The first part of Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), and Articles 148-2 (3) 2 and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the order of provisional payment is that the Defendant, while driving a motor vehicle while having difficulty in normal driving due to drinking, brought in injury to the victims by causing a traffic accident, and is in blood alcohol concentration.

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