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(영문) 전주지방법원 2020.09.10 2020고단352
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of a defendant shall be eight months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:30 on October 19, 2019, the Defendant driven a motor vehicle of E-E-pubed with the blood alcohol concentration of about 0.184% in a section of approximately 250 meters from the 250m from the front of the Yansan-gu apartment to the front of the DNA Party C at the Jeonsan-gu, Seoul Special Metropolitan City.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) received G (53 years old) from the Defendant’s front part of the car in front of the Defendant’s vehicle while driving the E car at the same time under the influence of alcohol level of 0.184% and driving it properly due to the same alcohol level, and driving it is difficult for the Defendant to drive it properly.

G has suffered wounds, such as salt, tension, etc., of the boness requiring treatment for approximately two weeks.

The Defendant was driving a self-durged car in a state where normal driving is difficult due to the influence of drinking so that the Defendant caused injury to the Victim G.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual survey report on traffic accidents;

1. Notification of the control of drinking driving;

1. A report on whether to drive any dangerous motor vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2 (3) 2 and Article 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. A person who has been sentenced to a suspended sentence pursuant to Article 62 (1) of the Criminal Act shall be sentenced to a minor fine;

In the absence of ordinary conditions, the reason of this case that the husband is driving in drinking condition while her husband has ever changed and the circumstances that the victim does not want the punishment shall be taken into account.

However, there is a high alcohol concentration, and there is also a high risk that leads to a large accident.

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