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(영문) 대전지방법원천안지원 2020.10.30 2020고단2157
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal power] On June 10, 2013, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act in the Daejeon District Court's Support for Incheon District Court on June 10, 2013.

【Criminal Power】

1. On August 7, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant) driven a B ASEAN A6 car with a blood alcohol concentration of 0.184% and went to the left from the front of the vehicle driven by the Defendant at the front of the vehicle driven by the Defendant, while driving beyond the center line for a e-mail and driving beyond the center of the signal while the e-mail was in a red signal while the e-mail was flowed and turned to the left at the front of the vehicle driven by the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light fluoral salt, for about two weeks of treatment.

2. On August 7, 2020, the Defendant was under the influence of alcohol at around 0.184% in blood alcohol concentration, and the Defendant was driving a B-A6 vehicle from the vicinity of the “Ging club” located in the F in the Asan City to the C-si distance in the A-A6 vehicle from around 100 meters in the section of around 100 meters in the A-Adi A6 vehicle.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Criminal place, report on the actual condition of a traffic accident, report on the result of drinking control, report on the circumstantial statement of a drinking driver, report on internal investigation (investigation related to the violation of signals of a suspect), and photographs related to a traffic accident;

1. Inquiry reports, such as criminal records, and application of summary order statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and imprisonment with prison labor, respectively;

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