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(영문) 대전지방법원 2021.01.14 2020고단4567
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2020, while under the influence of alcohol level of 0.203% from blood alcohol level of 0.203%, the Defendant driven a hive-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

Summary of Evidence

1. The application of the police statement protocol in relation to the defendant's legal statement E, the investigation report on the actual traffic accident, the statement report on the situation of the driver in charge, the report on the scene of accident and the control of drinking driving, and the application of each medical certificate (Evidence No. 10,11)

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Selection of imprisonment with prison labor for each sentence provided for in Articles 40 and 50 of the Criminal Act (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E with a heavier criminal situation)

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, to the extent that the punishment is added up to the maximum of the long-term punishments of the above two crimes, which are stipulated in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier punishment: Provided, That the lower limit shall be the short-term punishment of the

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