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(영문) 서울남부지방법원 2020.12.15 2020고단2073
특수상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

【Criminal Power】 On October 4, 201, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act from an Ansan District Court’s Ansan Branch on October 4, 201, as well as a summary order of KRW 4 million for the same crime in the same court on November 23, 2015.

【Criminal Facts】

1. Around 14:37 on January 2, 2020, the Defendant: (a) driven a wing and cargo vehicle B while under the influence of alcohol content 0.169%; and (b) moved back from the back side of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu; (c) attempted to flee without taking necessary measures despite the Defendant’s taking the back side of the Defendant’s cargo vehicle, the part on the right side of the victim D (25 years old) driving, which was parked on the rear side of the Defendant’s cargo vehicle; (d) the victim opened the front door of the said cargo vehicle to stop it; and (e) the victim took a 5-meter off the said cargo vehicle on the front door of the driver’s seat; and (e) made the victim go beyond the road, thereby leaving the right side part, which requires approximately 2 weeks treatment.

Accordingly, the defendant, using a dangerous article, inflicted an injury on the victim.

2. On January 22, 2020, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving a B-wing truck from the front side road of Gangseo-gu Seoul Metropolitan Government to the same front road without a driver’s license, while under the influence of alcohol at around 0.169% of the blood alcohol concentration.

Accordingly, the defendant, while driving without a driver's license, violated the Road Traffic Act prohibiting driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on the occurrence of traffic accidents, reports on the circumstantial statements of drivers, investigation reports (report on the circumstances of drivers), notification of the results of the control of drinking driving, control details, and the register of driver's licenses; and

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