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(영문) 서울중앙지방법원 2021.02.18 2020고단6519
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

1. On March 22, 2020, the Defendant driving B money tank with alcohol level of 0.130% at around 06:00, while under the influence of around 06:00, the Defendant turned down one lane between the four-lanes in the direction of the school parallel in the calendar of Seoul, Gangnam-gu, Seoul, while driving the B money tank with a alcohol level of 0.130%.

At the time, the Defendant, while driving the said vehicle in a situation where it is inaccurate that the Defendant was influorous and unsatched, while driving the vehicle, was straighted to the red signal (on the left turn signal), and was driving the victim C (61 , South) who is making the left turn turn to the left at the right direction from the front direction of the vehicle of the Defendant, the chief part of the steering part of the Dstststa-si driven by the Defendant as the front part of the vehicle of the Defendant, and suffered approximately two weeks of the string and tensions that require the victim to take care of the victim.

As a result, the Defendant, in a situation where normal driving is difficult due to the influence of drinking, led to the injury of the damaged person by driving the said car.

2. The Defendant, at the same time and place as above, driven the said B money tank car under the influence of alcohol level of 0.130% in blood at the same time and place.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A survey report on actual condition, a report on the situation of a driver driving, and a report on the results of regulating drinking;

1. Medical certificate image, each investigation report (the review of the suspect signal violation, the request of the Service, the result of the analysis), data processing devices for real-time signal control, traffic accident analysis report [the fact that the defendant violated the signal, such as the facts stated in the criminal facts in his/her judgment, is fully recognized by the victim's specific and consistent statement, accident image, traffic accident analysis report, etc.];

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) and the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 202) regarding criminal facts.

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