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(영문) 춘천지방법원속초지원 2020.10.14 2019고단476

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On August 24, 2007, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1,500,000 for a violation of the Road Traffic Act (driving) at the Seocho Branch of the Chuncheon District Court, and on July 23, 2014, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

【Criminal Facts】

1. Despite the fact that the Defendant was punished for the violation of the Road Traffic Act (driving) as above, the Defendant driven a DNA car under the influence of alcohol content of approximately 0.110% in a section of about 2 km from the front of the Do located in the Sincho-si B on October 5, 2019 to the front of the Choyang-dong located in the same Sincho-si B on October 5, 2019.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol 0.110% in blood alcohol concentration at the time and time set forth in paragraph (1) and proceeded with the four-lane road in front of the Choyang post office located in the Choyang-si Choyang-si in early early high-speed fishing operation at the speed of about 50 km along the two-lanes in speed.

The Defendant: (a) had a large red color; (b) had a large width of fluorous driving; (c) had a large distance of fluorous driving; and (d) had a driving of the said fluorous driving in a state where normal driving is difficult due to the influence of drinking, such as drinking, while driving the said fluorous driving, and received the part behind the fluoral driving of the fluoring car, which was driven by the Victim F (Age 57) who was in the traffic signal at two-lanes in the direction of course.

As a result, the Defendant was driving the said franchise-low vehicle in a situation where normal driving is difficult due to the influence of drinking, and caused the victim to suffer multiple scambooms that need to be treated for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. F’s report on the occurrence of a traffic accident, report on the actual condition of the statement made by the police officer, report on the actual condition of the traffic accident, photographs related to the traffic accident, vehicle inquiry, notification on the results of the drinking driving control, and diagnosis of the circumstantial statement

1. His previous convictions.