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(영문) 서울중앙지방법원 2021.02.25 2020고단8695
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On November 21, 2020, the Defendant was under the influence of 0.224% of alcohol during blood transfusion on November 21, 2020, and was driving at the 0.24% of the 0.24% of the 0.24% of the alcohol level from blood, and the Defendant caused the victim D (the other, 81 years old) who was stopped for the signal waiting while driving at the front of the Defendant’s vehicle and was under the influence of alcohol due to his occupational negligence when he neglected the Defendant’s duty to drive normally while driving under the influence of drinking while driving at the 0.24% of the 0-day 0 alcohol level from the front of the Defendant’s vehicle.

2. On June 18, 2010, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on the part of June 18, 2010.

On November 21, 2020, around 11:10 on November 21, 2020, the Defendant driven a Grand Cross at approximately 2.8km from the distance of approximately 2.8km to the front road of the same Gu, Gangnam-gu Seoul Metropolitan Government, and at least 0.224% of alcohol during blood.

Accordingly, the Defendant violated the prohibition of drinking driving again.

Summary of Evidence

1. Written statements of the defendant in court;

1. Investigation report on actual condition, report on the situation of a driver driving, and inquiry into the results of crackdown on drinking;

1. A medical certificate;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 (Article 50) of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, where punishment is more severe.

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