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(영문) 춘천지방법원 강릉지원 2021.02.17 2020고단1089

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

1. On October 13, 2020, the Defendant: (a) driven a DNA g80 km while drunkly under the influence of 0.223% alcohol level from around C main points located in Gangnam-si B to the vicinity of the 3012 eroke-si. B, the Defendant driven a 2km car at approximately 0.223 km in alcohol level.

2. On October 13, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) caused the injury of the victim, by occupational negligence, while driving the said car at around 23:20, while making it difficult to drive the car normally under the influence of alcohol, and driving the said car at a rate of 3012 e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e. the e. the e. the e. the e. the e. the e. the e.

Summary of Evidence

1. The defendant's legal statement F written statement, notice of the results of crackdown on driving alcohol, and statement of the situation of the driver who takes charge;

1. Application of Acts and subordinate statutes to survey reports and photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving), and the choice of imprisonment with prison labor, respectively;

1. The aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment for concurrent crimes resulting from the severe punishment, but the lower limit of the punishment shall be determined by the crimes in violation of the Road Traffic Act);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's main reason for sentencing of Article 62-2(1) of the Criminal Act is very serious, and the driver of another vehicle shall be injured by traffic accidents.