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(영문) 서울중앙지방법원 2020.11.12 2020고단5059
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle in B.

On June 21, 2020, the Defendant driven the said vehicle under the influence of alcohol level of 0.193% on a 01:16: (a) while driving the said vehicle, and driving the said vehicle from the front side of Gangnam-gu Seoul to the front side of the road from the front side of the front side, without accurately operating the operation of the operation system; (b) by negligence, while driving the operation in the same direction at the front side of the front side of the road, and without accurately operating the operation of the operation system; (c) the part of the back part of the EM M6 vehicle driven by the victim D (Nam, 38 years old) who was parked in the same direction while driving the vehicle in the same direction at the front side of the front line of the passenger vehicle and sustained the injury of the said victim, such as the lower part of the upper part of the 4-day passenger vehicle, which requires approximately 6 weeks of treatment; and (d) the injured part of the said BM MM M6 vehicle with approximately 2 weeks in the front line of the road.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victims, and violated the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of G, D, and F;

1. A traffic accident report (1) (1) (report on actual condition survey report), investigation report (report on the situation of a drinking driver), notification of the results of the control of drinking driving, and a record of the measurement of drinking;

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

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of running a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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 by the maximum

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

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