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(영문) 전주지방법원 2020.10.21 2020고단424

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a passenger car in B.

On December 6, 2019, at around 04:29, the Defendant driven the said vehicle under the influence of alcohol of 0.134% of blood alcohol level, while driving the said vehicle into the road in front of the DNA Party C located in Ysan-gu Seoul at the front of the front week to the Si from the west side of the city, the Defendant received the victim E (e.g., 19 years of age) coming from the right side of the Defendant’s driving direction to the right side of the said vehicle.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim, such as cutting the body body of the light-frame, accompanied by the left-hand pelke (all parts) requiring medical treatment for about 12 weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) was driving a vehicle B in the state of alcohol with a blood alcohol concentration of 0.134% at a distance of about 200 meters from the front of the Gu G police box located in F of the YA at the time of the temporary warning as set forth in paragraph (1) to the roads front of the DNA Party located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of H and I;

1. The application of Acts and subordinate statutes to traffic accident investigation reports, reports on the results of the regulation of drinking and driving, reports on the state of drinking drivers, reports on the state of drinking drivers, reports on whether to drive dangerously, photographs related to the violation of the Road Traffic Act and medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each case

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

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.