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(영문) 서울중앙지방법원 2020.09.18 2020고단4078
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 28, 2014, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Seoul Western District Court, and on May 10, 2019, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (refluence of noise measurement).

The defendant is a person who drives a motor vehicle in B.

On May 5, 2020, the Defendant driven the said vehicle under the influence of alcohol of 0.109% without a driver’s license, while driving the said vehicle, and was negligent in driving the 304-day resignation tunnel from the ero of Jongno-gu Seoul Metropolitan Government toward the Gyeongdo-do to the Gyeongdo-do-ro, without looking at the front line, and driving the center line at the center. On the opposite line, the Defendant took the front part of the victim C (Nam, 64 years old) driving, or the front part of the other taxi, she took the front part of the Defendant’s vehicle. The Defendant sustained the injury, such as the chill, tension, etc. of the chill in need of treatment for about two weeks, and suffered injury to the victim E (Seoul and 31 years old) who was on board the said taxi, such as nuclear water requiring treatment for about four weeks.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, caused the victims to injury, violated the prohibition of drunk driving at least twice, and violated the prohibition of unauthorized driving.

Summary of Evidence

1. The defendant's legal statement C and E's statement in the occurrence of each traffic accident;

1. Traffic accident report (1) (1) and report on the results of the control of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Control note, investigation report (report on the circumstances of the driver), the ledger of driver's license, on-site photographs, and black stuffs video CDs;

1. Previous convictions indicated in judgment: The results of criminal records, investigation reports (to be bound with a copy of the same criminal records and the summary order), and application of statutes governing the summary order;

1. Each relevant Article of the Act concerning criminal facts;

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