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(영문) 대전지방법원 천안지원 2020.01.09 2019고단2569

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

1. On September 21, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and the Road Traffic Act (the age of 34) by driving the B K3 vehicle under the influence of alcohol level of 0.163% on September 21, 2019, while driving the same as the front driver of the vehicle driving by driving the vehicle at the front part of the vehicle driving by the victim E (the age of 34) who was in the atmosphere of the same lane under the influence of alcohol while driving the vehicle at the front part of the vehicle driving by driving the vehicle of the front driver.

Ultimately, the Defendant driving a vehicle in a state where normal driving is difficult due to the influence of alcohol, resulting in injury to the victim, such as cerebral ruptures without an open two main body for about two weeks, and at the same time damaged the said Abup-pup vehicle in a total of 1,527,788 won, such as the fee for the so-called rupture rupture rupture rupture, etc.

2. Around 09:40 on September 21, 2019, the Defendant driven BK 3 vehicles under the influence of alcohol concentration of about 150 meters from a 150-meter section to D road located in Seoan-gu, Seoan-gu, Seoan-si, Seoan-si, where the trade name in Seoan-gu G is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A report on the actual state of the driver;

1. A traffic accident report;

1. Notification of the result of the drinking driving control;

1. Medical certificates (E);

1. Application of the written estimate statutes;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking driving), Article 151 of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.