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(영문) 서울중앙지방법원 2020.06.18 2020고단1878
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On June 21, 2007, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the original state branch of the Chuncheon District Court. On November 12, 2007, the Seoul Central District Court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving). On June 28, 2012, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

The defendant is a person who drives a passenger car B.

On February 20, 2020, the Defendant driven the said vehicle under the influence of alcohol 0.174% on a blood alcohol level at around 00:23, while driving the vehicle, and driving the Seocho-gu Seoul Seocho-gu Seoul (Seoul), along the two-lanes from the right edge of the art, along the five-lanes, from the right edge of the art. As above, the Defendant was negligent in driving the vehicle under the influence of alcohol, while driving the vehicle at a situation where normal driving is difficult due to the influence of alcohol, while driving the vehicle at the right edge, and driving the vehicle at the E QM6 vehicle in the victim D (the age 49) who was under a signal stop at the front edge of the vehicle at the right edge of the Defendant’s vehicle, and suffered the victim’s injury, such as salt, tension, etc. in need of treatment for about two weeks.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and was driving a motor vehicle while it is difficult to drive the motor vehicle normally due to drinking and suffered an injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A traffic accident report (1) (1)

1. A written appraisal of blood alcohol;

1. A medical certificate;

1. Blue boxes and video CDs;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Records of criminal records, investigation reports (Binding records, copies of court rulings, etc.), application of statutes governing court rulings;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, the Road Traffic Act.

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