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(영문) 서울중앙지방법원 2020.12.24 2020고단7399
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On September 4, 2006, the Defendant issued a summary order of KRW 700,000 to a fine for the violation of the Road Traffic Act at the Seoul Central District Court on September 4, 2006.

【Criminal Facts】

1. On August 14, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant driving) driven a Rati car B on August 14, 2020, while driving the front road of Jongno-gu Seoul Metropolitan City from D level to the 4rd-ro, from D level, and driving the front road of Jongno-gu Seoul at D level, with the difficulty of normal driving due to influence of drinking. The part of the victim E (ma, 70 years old) driving that driven before the Defendant’s driving due to his occupational negligence was driven by the front driver part of the Defendant’s car, resulting in a cromatic fl in need of two-day medical treatment, and caused the victim G (the south and 45 years old) to suffer from the cromatic frat in need of two-day medical treatment.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant at a distance of about 350 meters from the Jongno-gu Seoul Metropolitan Government D road to the front road of H in the same Gu, while under the influence of alcohol with about 0.204% of alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The defendant's legal statement E, the police's statement report 1, 2 (Investigation Report on Actual Situation) of each police's statement to G, each of which is printed out of the notice of the results of the drinking driving control, and each diagnosis report (the crime of causing bodily injury due to dangerous driving under the Special Services Act) and investigation report;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal history records, investigation reports (Attachment to a summary order of the same kind of power), and summary orders;

1. The main sentence of Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) regarding criminal facts under the corresponding provision of the relevant Act.

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