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(영문) 서울중앙지방법원 2020.05.28 2019고단7732
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a car after examining B.

On September 20, 2019, at around 01:10, the Defendant driven the said car while under the influence of alcohol of 0.171%, and was driving the said car in the direction of the eronom distance from the eronomic distance from the erogate of the new quarantine ginseng of Dongjak-gu Seoul.

However, due to the negligence of neglecting to drive a car in a state where normal driving is difficult due to the foregoing, the part of the front-hander of the said car, which was driven by the victim E (E, South and 47 years old) who was in the atmosphere of the traffic at the direction of the driving, was driven by the back-hander of the said car.

Due to its shock, the victim suffered injury, such as salt ties, tensions, etc., which require approximately two weeks of treatment.

2. At around 01:10 on September 20, 2019, the Defendant driven the said B’s 2nd 2nd 2nd 2nd 00 meters of blood alcohol concentration at a distance of about 400 meters from the 0.171% of the 400-meter road in Dongjak-gu Seoul to the same Gu’s front road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant 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 and the choice of fines for the crime;

1. From among concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act (to the extent that the punishment is aggravated by the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than that of the punishment, but to the extent that the punishment is added up the maximum

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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