logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.06.25 2020고단1250
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On February 9, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a B-learning car while under the influence of alcohol of 0.136% of blood alcohol concentration on February 9, 202, and proceeded at a speed that cannot be known to the direction of school dynamic distance on the side of the Cheongdog-gu Seoul along four-lanes in front of Gangnam-gu Seoul.

At the time, the Defendant, under the influence of drinking, sustained bodily injury, such as the influence and tension of the base of the vehicle by the victim D (the age of 51) who was parked in the front direction while driving the vehicle while driving the vehicle under the influence of alcohol, was driving the vehicle at the front direction by the victim D(the age of 51). The Defendant got the front part of the vehicle operated by the Defendant and suffered bodily injury, such as the influence and the base of the bar in need of two weeks of medical treatment.

2. At around 02:40 on February 9, 2020, the Defendant driven a B-learning car with a blood alcohol concentration of 0.136% from the cafeteria located in Gangnam-gu Seoul Metropolitan Government F to the front road of Gangnam-gu Seoul, at around 02:50 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the actual condition, report on the circumstances of a drinking driver, and report on the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 202), Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act

1. From among concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act (to the extent that the punishment is aggravated by the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than that of the punishment, but to the extent that the punishment is added up the maximum

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

arrow