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(영문) 전주지방법원 군산지원 2020.06.03 2020고단308
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

[criminal power] On August 10, 2007, the defendant had the record of receiving a summary order of 1.5 million won of a fine for the crime of violation of the Road Traffic Act in the Jeonju District Court's Jeonju Branch's support on August 10, 2007, and a summary order of 1.5 million won of a fine for the same crime in the Sungnam Branch's Support of Suwon District Court on July 2, 2009

【Criminal Facts】

Around 20:20 on March 3, 2020, the Defendant parked a motor vehicle with Dives in front of the “C” located in the following cities: (a) while drinking in the “E cafeteria” in the vicinity, the Defendant was called “E cafeteria” and parked the said motor vehicle out of the phone to the point of view that the passage of other vehicles would be obstructed by the said Dives vehicle.

At the time, the Defendant was under the influence of alcohol level 0.123%, and despite that it was difficult for the Defendant to drive the brakes normally by red and stringing, such as drinking and smelling snow, etc., the Defendant was under the influence of alcohol level 0.123%, due to the negligence in failing to accurately operate the brakes while driving the brakes without properly examining the back, and due to the negligence in failing to accurately operate the brakes.

Ultimately, the Defendant, while driving a motor vehicle with the highest drive which is difficult due to influence of alcohol, suffered injury to the victim G (hereinafter, 49 years of age) who was on the top of the vehicle operation in the said horse club for about two weeks, such as shouldering and the strawing of the arms, and violated the prohibition of driving a motor vehicle, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A survey report on actual condition, an accident site photograph, a report on the circumstantial statement of a drinking driver, an investigation report (Evidence No. 5), notification of the control results of drinking driving, a report on whether to drive any danger, and a medical certificate;

1. Previouss before judgment: Criminal history records, reply reports, investigation reports (Evidence Nos. 16) and the application of Acts and subordinate statutes;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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