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(영문) 제주지방법원 2020.06.10 2020고단487
특정범죄가중처벌등에관한법률위반(위험운전치상)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. The defendant is a person who is engaged in driving freight B and freight cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On February 10, 2020, the Defendant driven the above cargo while under the influence of alcohol 0.169% of blood alcohol level 0.169% on February 10, 202, and was parked on the road in front of the D restaurant in the vicinity C at Jeju, and was parked on the side of the road while the victim E was stopped, and was parked on the right side of the driver’s vehicle.

As a result, the defendant driving the above cargo in a situation where normal driving is difficult due to the influence of drinking, resulting in about two weeks of medical treatment to the victim.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at the same time and at the same time, the Defendant driven the B-wing truck under the influence of alcohol with a blood alcohol concentration of 0.169%, without obtaining a driver’s license, from the G market neighboring the G market to the front of the said D restaurant at approximately 2km.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

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

1. Investigation report (report on the circumstances of an immigration driver);

1. A written diagnosis of injury;

1. Application of the statutes on the register of driver's licenses;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades under Articles 40 and 50 of the Road Traffic Act and those under the Road Traffic Act);

1. Selection of each sentence of imprisonment;

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

1. Article 62(1) of the Criminal Act:

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