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(영문) 서울남부지방법원 2020.07.21 2020고단915
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 6, 2019, the Defendant, who is engaged in driving of BK5 automobiles, was unable to drive normally due to the influence of alcohol due to the influence of alcohol while under the influence of alcohol at around 0.122% of blood alcohol level on November 6, 2019. The Defendant driven the said automobiles and driven the front side of Geumcheon-gu Seoul Metropolitan Government Road C in front of the Gu telephone station along the two-lane distance of bank trees.

In such cases, there was a duty of care to prevent accidents in advance by driving safely by checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and proceeded in the same direction as before the Defendant due to negligence while driving in the same direction as in the front of the Defendant, and was driven by the victim D (In the age of 52) who was in the atmosphere of the signal, the lower part of the EK5 car driven by the Defendant was able to receive approximately two weeks of the Defendant’s vehicle as the front part of the vehicle, and suffered injury to the victim, such as salt, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and statements on the occurrence of traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to notification of the circumstantial statement of a drinking driver, investigation report (report on the status of a drinking driver), and control of drinking driving;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning criminal facts, the violation of the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, the selection of punishment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The extent of the defendant's primary establishment is reasonable.

A favorable circumstances: The defendant, as a first offender without previous conviction, recognized and led to the crime of this case.

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