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(영문) 서울중앙지방법원 2020.06.18 2020고단1721
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 February 18, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven Bchip car with a blood alcohol concentration of 0.144% under the influence of alcohol level around February 18, 2020, while driving it at a speed that is impossible to identify three lanes in front of the mid-gu Seoul Central District Fire Fighting Station, 394, from the long distance from the Hanyang Publication to the new line.

At the time, the Defendant, under the influence of drinking, driven the said car in a situation where it is difficult to drive the car at a normal time due to the influence of alcohol, such as rhythm and rhrhm of the walk, and suffered from the injury of the Victim C (the 45 years old, the knife), following the car at the front of the Defendant’s driver’s vehicle, by taking the part front of the Defendant’s vehicle, and taking about two weeks of the flife at the front of the driver’s vehicle, the Defendant sustained from the victim E (the 43 years old, the knife), who is the passenger of the said flifez, about two weeks of medical treatment.

2. Around February 18, 2020: (a) around 00:18, the Defendant driven B-lower car in the state of alcohol with a blood alcohol concentration of 0.14% at the section of about 5 km from Jung-gu, Seoul to the same Gu compost route from mid-gu, Seoul to the same 394.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C and E;

1. A traffic accident report;

1. Report on the circumstances of an employee;

1. Papers of measurement records of drinking alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis of victims;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime as provided in the corresponding Act; 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 defendant has reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

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