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(영문) 대전지방법원 천안지원 2020.04.29 2020고단667

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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 this judgment becomes final and conclusive.

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 B rocketing car.

On February 15, 2020, the Defendant was under the influence of alcohol at 04:10% of blood alcohol concentration 0.149%, and the Defendant was under the influence of alcohol, and the Defendant was under the influence of alcohol in front of a DNA restaurant in the Yannam-gu, Yannam-gu, Yanannam-gu, and was under the influence of alcohol in the south-west-gu, Yannam-gu, the part of the front part of the car driven by the Defendant as the front part of the car driven by the victim F (30 years of age) who was transmitted at the front bank and was under the influence of alcohol in the south-gu, Yannam-gu.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered from the injury of the victim F, such as catum cat, which requires a two-day medical treatment, and suffered from the victim H (30 years of age) who was on board the said rocketing motor vehicle for about two weeks in need of medical treatment, such as the following legs and other detailed parts.

2. On May 9, 2018, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court’s Branch of the Incheon District Court on May 9, 2018.

The Defendant, while under the influence of alcohol content of 0.149% at the time and time set forth in paragraph (1), driven B rocketing car from approximately 5km to the front of the D cafeteria located in the East-gu Seoul Metropolitan City, Yanan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the statement of the status of a drinking driver, investigation report, and written report on the status of a drinking driver;

1. Each written diagnosis;

1. An accident site photograph;

1. Previous convictions indicated in judgment: Each statement of criminal records, investigation report (a copy of a summary order against the same kind of power attached), and application of Acts and subordinate statutes of the summary order;

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Criminal Act.