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(영문) 전주지방법원 2020.11.26 2020고단922

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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The punishment of defendants shall be one year.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:00 on March 21, 2020, the Defendant violated the Road Traffic Act (driving a sound driving) driven a D low-speed car with approximately 10 meters of alcohol level 0.158% while under the influence of alcohol level around C located in Seo-jin-gu Seoul Special Metropolitan City (Seoul).

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was brought forward to enter the parking lot from the parking lot by driving a low-speed car in C near the Dongdaemun-gu Seoul Metropolitan City at the same time.

The defendant has a duty of care to check the right and the right and the right and the right and the right and the right are safe, and the defendant has a duty of care to proceed without complying with the duty of care, and the part of the front side of the Frando taxi driven by E (the age of 48) who was under the influence of alcohol and was driving along one lane on the road was shocked into the right and right part of the defendant's vehicle.

E has suffered such conditions as salt pans, tensions, etc. in need of treatment for approximately 2 weeks, and cab G (35 years of age) suffered from climatic salt, tensions, etc. in need of treatment for about 2 weeks.

The Defendant driven a motor vehicle in a situation where normal driving is difficult due to this influence of drinking, thereby causing injury to the victim E and G.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. The circumstantial report;

1. Application of Acts and subordinate statutes (E, G);

1. Article 148-2 (3) 2 and Article 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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

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

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture recognizes errors in sentencing punishment under Article 62-2 of the Criminal Act;

There is a criminal record that has been sentenced to one fine.

The alcohol concentration, the distance from the vehicle, the circumstances discovered, and the accident.